In addition, you said that the patentee did not implement it. How long has it not been implemented? If the following conditions are met (as stated in Article 48 of the Patent Law), you can apply for a compulsory license for patent exploitation:
The patentee fails to exploit or not fully exploit his patent for three years from the date when the patent right was granted, or for four years from the date when the patent application was filed, without justifiable reasons.
Only after obtaining compulsory license can the patented technology be implemented. (The unit or individual that has obtained the compulsory license for implementation does not enjoy the exclusive right to implement it, nor does it have the right to allow others to implement it. Article 56 of the Patent Law)
In addition, a certain royalty shall be paid to the patentee (the amount shall be negotiated by both parties; If both parties fail to reach an agreement, it shall be decided by the patent administration department of the State Council. Article 57 of the Act)
Answers to supplementary questions:
As upstairs said, China is a country that adopts the first-come-first-served system, that is, whoever applies for a patent on the same subject first will get the patent right. (The United States adopts the first invention system)
In addition, you said that the patent you applied for later was authorized, probably because:
You applied for a patent for utility model, and the National Patent Office for Utility Model does not conduct a comprehensive novelty search. (In the past, there was no novelty search at all. Now, the National Bureau of Utility Model and Design will conduct a preliminary novelty search, but it is also very simple to check. The prior right (that is, the patent you applied for before you) has not been retrieved at all, so your patent has been authorized, but the other party can bring a lawsuit at any time as long as it knows that you are infringing.
Therefore, according to your current situation, it is more likely to avoid possible infringement disputes by negotiating with the patentee or submitting a compulsory license to the patent administration department. However, for now, your infringement is objective. )