Before applying for a patent for invention, if the technology has been made public, you need to apply for a patent at the Patent Office. After the application, there will be a patent application number, and you can start defending your rights. You can first send a lawyer's notice to the other party through Xiaodun Intellectual Property Company and ask the other party to stop this behavior. If the other party still infringes, it can demand compensation from the other party through judicial procedures and stop production and sales. However, if the other party produces and sells before you apply, and you stop such production and sales after you apply, it does not constitute infringement.
In addition, after your patent is put on the market and widely used, you should prevent the patent from losing its novelty, because the three main parts of patent examination are novelty, creativity and practicality. If a technology is well-known, Patent examiners may judge that it is not novel, so that the patent cannot be granted. If authorized, it may be invalidated by others. So the best way is to apply for a patent first and then put it on the market.