If someone else has applied for a patent, even if your product has been sold in the market before its application date, as long as the product has not been applied for by a third party or has a patent right, and has characteristics different from existing similar products, it will not affect its right acquisition. However, after obtaining the patent right, if you can provide proof of producing and selling the patented product earlier than the application date (such as the patented machinery that produced the product, the date proof of the first batch of finished products, sales invoices, etc.), you can continue to operate within the original production and sales scope. ).
If someone else applies for copyright (although there is something wrong with the product with copyright, let's just say so), then he does not mean that he owns the copyright of the product. Copyright exists from the date of completion of the work, as long as you can provide the above-mentioned production date and other certificates to prove that you are the copyright owner.