1. If those patents have been made public before you sign, the confidentiality clause may be invalid, but please make it clear that the design patent will not disclose the technical content, so if the confidentiality clause involves the technical content (such as how that special chapter was made), even if the design patent has been made public before you sign the confidentiality agreement, it will not affect the effectiveness of the confidentiality clause. If the utility model patent is made public before you sign the agreement, then the confidentiality clause will be invalid, or if the utility model patent is made public, then the confidentiality clause will be invalid, but there are exceptions, such as the undisclosed parameters in the utility model patent, which may be valid within the confidentiality clause. So it depends on the specific content of your confidentiality clause and the specific technical details given to you by company B.
2. I want to know what is your authorization agreement? For example, exclusive license or general license, are those utility model patents authorized? . As mentioned in your question above, Company B does not allow you to sell to others in the agreement, so no matter how you license the patent, you will breach the contract. If there is no such agreement, the company you are authorized to patent should be able to manufacture and sell it. It's normal for you to sell it to company D, and company D bought it legally. For company D, the patent of company B has exhausted its power and will not infringe. Even if there is such an agreement, company D will not infringe.
The patent of 3.200 1 is a design, so it does not involve technical content. So even at 20 1 1, this steel will still be affected by those utility model patents. Generally speaking, design patents will not affect the patentability of utility models and invention patents. So those utility model patents are still valid. Of course, you can consider finding other evidence (such as other public technical documents) to invalidate those utility model patents, and you can find professionals to help you deal with this matter.
Of course, you can apply for invalidation, and anyone can request invalidation of the patent. But it's hard to say whether the confidentiality agreement is invalid, because I don't know if there are any contents in the confidentiality agreement that are not disclosed in the patent, such as production-related parameters. So it depends on the specific content of the agreement between you. If those utility model patents have been announced, and special steel can be manufactured in full accordance with the contents of those patents, then the confidentiality clause should be invalidated with the announcement of those patents. But those restrictions other than the confidentiality clause, such as the clause that you are not allowed to sell to others, may continue to be valid.
If you still don't understand, you can keep asking. I don't want to win that score.