1, others have applied for a patent for this technology.
At this time, China National Intellectual Property Administration doesn't care. According to China's current patent application system, as long as someone submits it and the technology is not made public at home and abroad, the State Council will accept it. If it meets the requirements, a patent certificate will be granted after a period of time; Solution: If your friend has sufficient evidence, he can bring a civil lawsuit to the local court and get the patent right back through court intervention;
2, others haven't had time to apply for a patent, this is simple, and you can apply for a patent right away.
Patent law is the sum total of legal norms to adjust certain social relations arising from inventions and promote technological progress and economic development.
As far as its nature is concerned, patent law is both a domestic law and a foreign-related law; It is not only a substantive law that establishes the rights and obligations of the patentee, but also a procedural law that stipulates a series of procedural systems for patent application, examination and approval.
It is not only a law to adjust the vertical relationship between patent application, examination, approval and patent implementation management, but also a law to adjust the horizontal relationship between patent ownership, patent transfer and license. It is not only a law to adjust the patent personal relationship, but also a law to adjust the patent property relationship.
Extended data:
Generally involves the following questions:
(1) Inventions that violate public order and good customs are generally not patented. However, the application of this provision is closely related to the class nature of the country.
The basic principles of scientific discovery and natural science cannot be directly applied to industrial and agricultural production, so no patents are granted. Many countries give awards according to special laws (see right of discovery). The patent law of the United States clearly stipulates that its scope of application includes "invention" and "discovery", and its viewpoint is: "anything new under the sun can apply for a patent."
(3) Some material inventions, such as those obtained by chemical methods, those obtained by nuclear transformation, and foods and beverages, are not patented in most countries, but patented in a few industrialized countries. Its manufacturing method can also be patented in general.
(4) Many countries do not grant patents to new varieties of animals and plants, and a few countries stipulate that patents should be granted.
⑤ Diagnostic medical methods and drugs are also patented by a few countries.
⑥ Computer programs (software) have been patented by very few countries.
Baidu Encyclopedia-Patent Law