Where a patented invention or utility model is a major technological progress with great economic significance compared with the invention or utility model of the previous patent, and its implementation depends on the implementation of the previous invention or utility model, the patent administration department in the State Council may grant a compulsory license to exploit the previous invention or utility model upon the application of the latter patentee.
The law encourages technological innovation. If your situation meets the above requirements, you can apply for a license from the original obligee first, or you can directly apply for a compulsory license from the relevant department.
If the original obligee is held responsible for producing without any permission, unless a settlement can be reached, the court decision will still constitute infringement.
The technical features in the product and those in the corresponding patent independent claims have substantially similar means to achieve substantially similar functions in order to achieve substantially similar results, which may constitute infringement.
In addition, if the similarity reaches more than 70%, it is infringement. At the same time, your patent is later than his patent, and the possibility of infringement will be greater. It is best to develop a registered patent for your own product, but it is infringed by others.