According to the Anti-Unfair Competition Law, Party B can claim that Party A has infringed on its technical secret right and demand that Party A stop the infringement and compensate the losses. Meanwhile, Party B shall file a patent application with the patent administration department of the State Council as soon as possible.
(2) Can Party B apply for a patent for its technology?
It depends. (1) The public implementation of A was discovered by B for more than six months, and B could not obtain the patent right of this technology, because it had exceeded the grace period stipulated in Article 24 of China's Patent Law and lost the novelty required by the Patent Law. (2) A's public implementation is discovered by B within six months, and B shall immediately file a patent application within six months from the date of A's public disclosure of its technical content to ensure novelty. At this time, if B's technology can meet other conditions stipulated in the patent law, it can obtain the patent right, otherwise it can't.