1. If the technical scheme has been applied for an invention patent abroad and is valid, it cannot be authorized if it is applied again in China.
2. If the technical scheme has not applied for an invention patent abroad, it can apply for an invention patent at home and may be authorized. Because at present, the contrast documents issued by examiners are mainly public patent documents.
3. Of course, the sale and use of this product will infringe the patent right of this technical solution. If the other party provides sufficient evidence, the authorized patent is invalid. If the other party does not provide sufficient evidence, the patent right will restrict the sale of the product.