China's patents are only valid in China, and American patents are valid in the United States.
If the enterprise does not produce or sell in the United States and the American company has not applied for a patent in China, it can be used directly.
If the company has production and sales activities in the United States, it is necessary to consider the patents of American companies.
Timeliness:
The term of U.S. patents is calculated as follows: 1995/6/8, 20 years from the date of filing for patents filed after, and 17 years from the date of filing for earlier applications. In addition, we should pay attention to whether it is a continuation case or a division case, and whether USPTO has extended the patent period, which is a more complicated problem.
If the patent term is not long, of course, you can try to bargain; If the patent has expired, you don't have to pay any fees. It is already a public technology, and everyone can use it at will.
Patentability:
All utility models in the United States have undergone substantial examination, but the situation is also very complicated when determining the scope of protection. The most basic thing is to see if the scope of claims is reasonable. If the scope is large, it will be invalidated by others. If the scope is small, what should be protected will be used by the unprotected public. Besides what you see from the claim itself, many other factors will also adversely affect the scope of the claim. Some words said in the application process and the revision of the claims will be used to limit the interpretation scope of the claims. For continuation cases, divisions, etc. , related cases may affect each other/limit the scope of protection. There are also some problems in the application procedure, such as whether there is fraud in the application process and whether there are unfulfilled due obligations. , whether intentionally or unintentionally, will have an adverse impact on the scope of rights. In addition, whether this embodiment is the best known mode. ..... Pay a lot of attention, which is much more complicated than that in China. It takes a lot of effort to figure out the problems mentioned earlier.
If the claim itself is not reasonable enough, it is necessary to make a discount for affirming the patent. Although the number of continuation cases and divisional patents seems to be huge, the substantial technical differences are not too big, which can be calculated by one factor. In the process of applying for a patent, you need to read the official letter, whether you have said anything unfavorable, and what adverse consequences will be caused by the amendment of the claim. As for some procedural problems, we can also dig them out from the official letter, but we must be very careful when digging them out.
One thing to remind you is that if you want these patents to make corresponding products, you must consider many practical problems in the implementation process. For some things that are not reflected in patents, you should consider asking the other party to provide technical support other than patents to ensure that enterprises can really implement these patents. Otherwise, it is useless to bring a bunch of patents, which is really a waste of money.