Can I apply for an American patent that I haven't applied for in China?

However, if someone else applied for a patent in the United States, it is meaningless for you to apply for the same patent in China, because even if you apply, you will not be authorized, which is not contradictory. According to the relevant provisions of the patent law, patent authorization needs to meet the "three characteristics", that is, novelty, creativity and practicality, and the public disclosure of novelty adopts absolute standards, that is, the global disclosure will lead to the loss of novelty of patent applications. The former American patent constitutes a comparative document, which destroys the novelty of the post-China patent application document. Xilidge (sTAtion contact ta) was originally released by Huzguo on April 23, 2007, so that's it. Can he apply for a patent in China by himself? It depends on whether it is within the priority range. Please study Article 29-Article 30 of Chapter 1 of China's Patent Law. Article 29 Where an applicant applies for a patent for an invention or utility model for the first time in a foreign country within 12 months, or applies for a patent for a design for the first time in a foreign country within 6 months, and applies for a patent for the same subject in China, it shall be handled in accordance with the agreement signed by the foreign country with China or the international treaty to which it is a party, or in accordance with the agreement signed by the foreign country with China or the international treaty to which it is a party. An applicant who files an application for a patent for invention or utility model with the administrative department for patent in the State Council within 12 months from the date when he first filed an application in China may enjoy priority. Article 30 Where an applicant claims priority, he shall make a written statement at the time of application and submit a copy of the first patent application document within three months; Failing to submit a written statement or a copy of the patent application documents within the time limit shall be deemed as not claiming priority. Explanation: As a private right, patent has regional characteristics. If a patent wants to be protected abroad, it must apply to the country seeking protection. Foreign patents that have not been applied to China have no patent qualification in China, and anyone can use them freely. But we must pay attention to one thing, that is, when judging whether foreign patents enjoy patent rights in China, we must find out whether these patents enjoy priority and whether they are within the priority period. According to the provisions of the Paris Convention, if a member country files a patent application for an invention-creation with the same content within a certain time after the first filing date of a patent application, the first filing date can be taken as the filing date of its subsequent application. The right to advance the filing date of the subsequent application to the filing date of the first application is the priority. The significance of priority lies in: firstly, during the priority period, the invention will not lose its novelty because of any behavior that makes the invention public; Secondly, others can be excluded from filing a patent application for the same invention after the expiration of the priority. Paragraph 1 of Article 29 of China's Patent Law stipulates that "an applicant who applies for a patent for an invention or utility model for the first time in a foreign country within twelve months, or for a design for the first time in a foreign country within six months, and also applies for a patent for the same subject in China, may enjoy priority according to the agreement signed between the country and China or the international treaties to which they are both parties, or according to the principle of mutual recognition of priority." Article 30 stipulates that "where an applicant claims priority, he shall make a written statement at the time of application and submit a copy of the first patent application document within three months;" Failing to submit a written statement or a copy of the patent application documents within the time limit shall be deemed as not claiming priority. "Xilidge (in-station contact TA) Simply put, as long as you apply for a patent for invention or utility model abroad, you can apply in China within 18 months; The design patent must be valid in China within 6 months. One more question: if you apply for a patent abroad and don't apply for the same patent in China within 18 months, can't you apply for a patent in China after that time limit? Thank you for your reply! Pacaim (intra-station contact TA) can be applied, but it has no practical significance. Patent application is to protect your intellectual property rights. If you apply for a patent, others can also make your patented product. The other party can go to the National Information Bureau to revoke your patent and declare it invalid, but it will cost the other party about 10000. The original foreign patentee can revoke your patent in China because he has priority. For example, a foreigner applied for a patent in the United States five years ago, and now he is applying for the previous patent in China, which was published five years ago. You got it? Should be very clear? Wang Dongpeng (TA in the contact station) Does this mean that China has no patent, so we can use its technology without breaking the law?