When I applied for a patent, I didn’t find any similar products on the market, but after receiving the patent certificate, I found that only one company was using the technology and had not applied fo

When I applied for a patent, I didn’t find any similar products on the market, but after receiving the patent certificate, I found that only one company was using the technology and had not applied for a patent.

There are two situations:

As you said, "The other party has not applied for a patent in this area, but has been using this technology for many years. They have always been the only one in the same industry (assuming Company A ) is in use, so I did not find that the technology was in use when I applied for the patent." When you applied for the patent, did Company A use this technology to make it public?

Situation 1. For example, this technology is a product structure, and Company A has already sold the product when you applied for a patent. Then, Company A’s behavior of selling products actually affects the novelty of your patent application. sex. If someone else declares your patent invalid, your patent will most likely be invalidated.

Scenario 2: If Company A uses this technology and has manufactured a product before you apply for a patent, the product is not sold publicly, or even if it is sold publicly, others cannot reverse engineer the product. Get the technology, and your patent may be valid. Whether it is valid, it is recommended that you make a patent evaluation report.

Shunwangda Intellectual Property Service Company, Lawyer Yang. If you need further consultation, please leave me a message or Baidu hi message