petent application?
By Yahoo User • Category: Patents in ChinaInventors in China have applied a patent in China. The patent was owned by a company in China. Could inventor apply a patent in US in a new company?
Inventors in China have applied a patent in China. The patent was owned by a company in China. Could inventor apply a patent in US in a new company?
For patent questions, it’s best to contact a patent attorney. If you need a referral, please let me know.Some info about US patents for you:Your new product should fall into one of these categories…There are three types of patents: 1) Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof; 2) Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and 3) Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant. Also, read more about patents at the USPTO site & at Nolo. I listed the links.
If you are asking whether the latter “inventor” could get a patent, then no. The first to invent wins in the U.S. If the Chinese patent or application has been published, then it will be used as prior art against the “inventor” applying in the U.S. Moreover, under 35 usc 102(g), the latter “inventor” should be denied a patent as he wasn’t the true inventor.