What's the use of applying for a new patent without substantive examination?
If you don't apply, there is definitely no right protection. Even if others apply first, there is still the danger of infringement. In fact, whether the case has been tried or not is not very important. What matters is whether your case has three characteristics (novelty, creativity and practicality). It doesn't matter whether you try or not if you have three characteristics. Of course, once the case enters the lawsuit, the other party will find your utility model case invalid, so it is very likely that the court will suspend the lawsuit and wait for the invalid result; If your case is an invention, it has been tried, and the court will have a lower possibility of suspending the lawsuit and other invalid results.