Will there be any impact on the granting of patents filed separately in China and the US Patent Offi

Rest assured, the priority effect of a patent in the United States is 12 months, and the same is true in China (both China and the United States are members of WIPO). In other words, your national patents in the United States (and China) that have been filed before August 2012 can enjoy the priority of the provisional application filed in August 2011 and will not affect the grant.

First of all, it takes more than 1 year to apply normally, usually your patent will be issued to you normally if there is no problem (after investigation), there is no need to worry, as long as you apply normally, it is not illegal to use the temporary one. Authorizations will not be affected. If you don't receive any letters asking you to change the content or question it, just wait, don't worry.

2.Filing an application directly with the Chinese Patent Office within 12 months from the date of filing a patent application in the United States, claiming priority of the United States patent, and declaring that the People's Republic of China reserves Article 28, paragraph 1, of the Convention and is not bound by that paragraph.

If you file a priority claim in the U.S. in your application file in China, the U.S. filing date of August 2011 will be the priority date, and nothing will be affected. However, if you forget to file a priority claim and 12 months have passed since the U.S. filing date, it may not be easy to do so.

We generally understand that the laws and regulations of each country are different, so the scope of legal protection of the patent application is also different, so the legal benefits of the patent applied for in different countries are different when applying for a patent, and the way of transnational authorization of the patented technology is invalid when the patented technology is used in other countries without applying for a patent together, so is the US patent valid in China? Obviously, the failure to register a national patent is invalid. Are U.S. Patents Valid in ChinaIs a U.S. Patent Valid in China?

Many patented technologies need to be applied to other countries before they can be implemented patent rights, if it is an unapplied patented technology, then we are not able to apply for patent technology licensing in other countries, but now with the development of the trend of world economic globalization, patent applications can be applied for patents through regional organizations, a patent application for multiple countries, for example, we have a US patent, then we can apply for patents in China, South Korea, and Japan at the same time. The way of multi-country patent application includes the Paris Treaty, the PCT patent application, and the time limit for multiple member countries to apply, so such a patented technology can be implemented in these member countries, and the patent is valid in any country, and the patent application in multiple countries can also avoid being stolen by people from other countries to apply for patents in other countries when applying for patents. International patent applications also have a corresponding reduction in patent fees, so patentees can reduce the cost burden of patent applications through relevant patent subsidies, of course, they need to meet the requirements of international patent applications, international patent applications generally need to be submitted to the patent office of their own country and then can further apply for patents in other countries, if the patentee wants to apply for patents in other countries, you can ask our consultant to answer for you.

I don't know about this question, although I have studied patent examination before.

Are you a PCT patent application, I can help you.

1. Patents are territorial, and you need to apply for patents in which country you need to obtain protection.

2. After applying for a patent abroad, if you need to apply for a patent in China, you can claim priority, but the time limit of foreign priority is 12 months for invention and utility model, and 6 months for design.

3. If the priority period has expired and the patent in a foreign country has been disclosed, the novelty of the domestic application will be destroyed, and it will be difficult to obtain authorization.

4. If the priority period is exceeded, you can try to apply for a utility model or design, because it may be granted without substantive examination, but it is easy to be invalidated.

5. If the priority period is not exceeded, you can claim priority when applying in China and pay the priority claim fee (80 yuan per item).

Regardless of the succession within the publicity period, the patent can be declared invalid, and the patent in the United States cannot be invalidated with the patent in China, nor can the patent in China be invalidated with the patent in the United States, but evidence can be provided to prove that the patent does not meet the conditions for applying for a patent.

The reasons for the invalidation request of the Chinese patent application are posted for reference.

The ground for non-claim for patent right refers to the fact that the invention-creation for which the patent is granted does not meet the following requirements of the Patent Law of the People's Republic of China:

1. The invention or utility model for which a patent right is granted does not comply with the requirements of novelty, inventiveness and practicability in the Patent Law.

The design for which the patent right is granted does not comply with the provisions of the Patent Law, which "shall not be the same or similar to the design that has been publicly published or publicly used in domestic or foreign publications before the filing date, and shall not conflict with the prior legitimate rights and interests of others".

2. The invention or creation for which a patent right is granted does not comply with the Patent Law: "The description shall give a clear and complete description of the invention and utility model, subject to the fact that a technician in the technical field to which it belongs; Where necessary, drawings should be available. The abstract shall briefly describe the technical points of the invention or utility model" and "the claims shall be based on the description and explain the scope of the claimed patent protection".

3. The invention and creation for which a patent is granted does not comply with the provisions of the Patent Law, which stipulates that "the applicant may amend the patent application documents, but the amendments to the invention and utility model patent application documents shall not go beyond the scope recorded in the original description and claims, and the modification of the design patent application documents shall not exceed the scope of the original ** or ** expression".

4. The invention-creation for which a patent is granted does not comply with the provisions of the Detailed Rules for the Implementation of the Patent Law.

5. The invention-creation for which a patent is granted does not comply with the provisions of the Detailed Rules for the Implementation of the Patent Law that "only one right can be granted for the same invention-creation".

6. The claims of the invention-creation for which a patent right is granted do not comply with the provisions of the Detailed Rules for the Implementation of the Patent Law: "The claims shall state the technical features of the invention or utility model and clearly and concisely state the scope of the claimed protection".

7. The invention or creation for which a patent right is granted does not comply with the provisions of the Detailed Rules for the Implementation of the Patent Law, which stipulates that "independent claims shall reflect the technical solution of the invention or utility model as a whole and record the necessary technical measures to solve the technical problem".

8. The invention or creation for which a patent right is granted seriously violates national laws and social morality and harms the public interest.

9. The invention-creation for which the patent right is granted falls within the scope of "scientific inventions, rules and methods of intellectual activity, methods for diagnosing diseases, new varieties of animals and plants, and substances obtained by the method of nuclear transformation" as expressly stipulated in the Patent Law.

10. The patentee granted the patent right belongs to the later applicant, which violates the Patent Law's provision that "if two or more applicants separately apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant", that is, the earlier applicant has obtained the patent right for the invention, and the approval of the patent right by the third party is excluded.

1. There can be many reasons for invalidation of a patent, among which the lack of novelty and inventive step is one of the very common reasons for invalidation, it is possible for the same technical solution to be granted a patent in the United States and China respectively, but the patent that is approved later must not have an inventive step (if the later patent is an exception to the priority of the earlier patent), so that the earlier patent documents can be used as a comparison document to invalidate the later patent.

2. Patents are territorial, and patents granted in China will not be protected in the United States, and vice versa; However, the prior art used to measure the novelty and inventive step of a patent is regardless of geography, in other words, as long as the technology has been disclosed anywhere in the world, it can be used as prior art to measure the inventiveness of the patent.

If the right holder is the same person, and the priority of China is claimed at the time of filing in the U.S., and the priority is established, it cannot be used.

If not, you can.