You should have evidence to prove that the company did not produce or use the products protected by patents before the date of your patent application. Can your investigation prove it? You can ask him to produce the evidence before the filing date, but as the plaintiff (if you sue), you have the burden of proof. If it can be proved, you can request the local patent management department (provincial intellectual property office) to handle it. Of course, it can also be transferred directly to the people's court without being dealt with by the patent administration organ.
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