1. When did similar products get patents? If your company has produced the same product before obtaining the patent right, you can claim the right of first use, but it cannot include the existing production scale. However, it should be noted that because your company's products have not yet been put on the market, even if you claim the right of first use, you can only produce but not sell. If you want to sell them, you must get permission from the patentee. If you get the patent right first, then your company can only apply for permission from the patentee.
2. Whether it is an authorized patent. If it is not an authorized patent, you can continue to take risks in production and sales. If the patent was authorized at that time, your company constituted infringement. If the patent is not authorized, it will have no impact on your company.
3. Whether the legal status is still within the validity period. Effective, apply to the obligee for permission; If it doesn't work, your company can boldly enter the market, and the patent has no effect on you.
4. Who is the real inventor of patented technology? If your company successfully developed the technology before the patentee, protected the technology by means of trade secrets, and the patentee obtained the technology due to personnel turnover or other reasons, then your company can take the patentee to court on the grounds of unfair competition.
5. What is the purpose of your company? The most important thing is your company's attitude In addition to the above points, your company can negotiate with the obligee or try to invalidate the patent.