1. We have an invention patent based on chemical production technology, which can save a lot of production costs.
The so-called invention refers to a new technical scheme proposed for a product, method or its improvement. According to the second paragraph of Article 2 of the Patent Law.
Our production technology is not the production technology of new products, but the production technology of traditional products.
The so-called novelty does not refer to new products or traditional products, but to the novelty of production methods. If the method is not novel, it is impossible to apply for a patent. In other words, since you can get a patent, there must be novelty.
What method should I use to obtain evidence before I can sue these manufacturers?
Where a patent infringement dispute involves a new product manufacturing method invention patent, the unit or individual that manufactures the same product shall provide proof that its product manufacturing method is different from the patented method. According to Article 6 1 of the Patent Law.
In a patent infringement dispute, if the accused infringer has evidence to prove that the technology or design he implemented belongs to the existing technology or design, it does not constitute patent infringement. According to Article 62 of the Patent Law
Judging from the provisions of the patent law, the burden of proof is reversed. Specifically, as long as you sue for patent protection, the other party must prove that your product does not use your new method in order to be exempted from liability according to law, otherwise it can't prove that it needs to bear tort liability according to law.
Specifically, in the prosecution, you can apply to the court for pre-litigation evidence preservation, and then sue in time, according to your patent protection documents. If the matter is important or you are really unfamiliar with the law, you can ask a patent lawyer to represent you locally.
I hope it helps you, and I wish you all the best!