Anybody knows how to apply US patent and what benifit on applying US patent first, please tell me.Thanks a lot!
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grace1105_1981  注册会员 | 2006-12-7 22:33:54

Re:which difference we apply the patent first in US not in China?

One of the most distinguishable differences is that  US patent system recognizes the principle of first use. So if someone tries to hijack your invention to apply for patent, you may claim that you are the first user, so you will be granted the patent right. Whether your invention has been used in public or not will not affect the ownership of the patent right.
However, China takes the principle of first application, so only the first applicant of an invention can be assigned of the patent right. Though you are the inventor, the first user, you are likely to lost your right to own the corresponding patent.

While, it may need a long discussion to express clearly the details. FYI.
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grace1105_1981  注册会员 | 2006-12-7 22:47:09

Re:which difference we apply the patent first in US not in China?

By the way, you need an agency to act for you if you want to apply US patent. It\'s essential.
马克  注册会员 | 2006-12-8 02:29:32

Re:which difference we apply the patent first in US not in China?

grace1105_1981 wrote:
Whether your invention has been used in public or not will not affect the ownership of the patent right.

Wrong.
\"first to invent\" principle does not mean nothing can affect the patentability of applicant\'s invention. \"one-year grace period\" is also an very important principle in the US patent system. If the invention has been disclosed in public by the inventor for more than one year, his own invention can also be used as a prior art to distroy the novelty of his own application. you can refer to 35 USC 102 a and b for more detail info.
grace1105_1981  注册会员 | 2006-12-8 17:05:12

Re:which difference we apply the patent first in US not in China?

Thanks for your arguement, Mark.
I am sorry for vagueness.
catherineath  注册会员 | 2007-1-24 19:38:18

Re:which difference we apply the patent first in US not in China?

I am not quite sure about  benifition. For how to apply, you can get instruction from
http://www.patent-tutorial.net/
luohuali  注册会员 | 2007-2-13 01:13:11

Re:which difference we apply the patent first in US not in China?

Thank you for your good suggestion.
jxcqb  注册会员 | 2007-3-2 00:15:02

Re:which difference we apply the patent first in US not in China?

there will be another way to apply foreign patent
for the chinese patent law wil be changed,we can contact with
foreign patent agent organization to apply patent directly,so we
do not have to apply patent through chinese foreign patent agent
organization if we have the ability to contact the foreign patent organization.
we can save a lot of money in this way
wadez  注册会员 | 2007-3-20 04:56:56

Re:which difference we apply the patent first in US not in China?

Well, I don\'t see there\'s a freedom to chose where to first file your patent application.

For an invention in US, have to first file in US.  For an invention in China, I\'ll suggest to first file in China.  

To prepare a US patent application takes much longer time than a Chinese patent application.  That\'s why I don\'t think it\'s a good idea to first file in US for an invention made in China, since your Chinese patent application needs the priority date of the US patent.
flyingbreath  注册会员 | 2007-3-29 19:22:38

Re:which difference we apply the patent first in US not in China?

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