If someone else sells my product before the date of application for a design patent, can I still sue him for infringement?

In fact, you should apply for a patent before the product is promoted to the market. Otherwise, the patent may become an existing technology due to your own prior sales, and will eventually be invalidated or lead to litigation due to the establishment of an existing technology defense. Lost the case.

However, if you obtain a design patent, you can restrict the other party from expanding the scale of production and sales and can only maintain the current scale.

Please feel free to communicate with us about patent issues.