2. China's patent is based on the principle of first application. Whoever applies first will have the patent right. As you said, B can get the patent right, but A can enjoy the right of first use, that is, it can continue production but cannot expand the original production scale.
3. The difference between invention and utility model is that,
A. The objects to be protected are not exactly the same, and the invention protects products and methods, while the utility model only protects products;
B The review procedures are different. Inventions have to undergo preliminary review and actual review, while utility models have only preliminary review but no actual review;
C according to b, the stability of the patent right of invention and utility model is different;
D different protection periods, 20 years of invention and 10 years of utility model;
The application fee and annual fee are different.