2. Applying directly abroad means giving up the right to obtain patent right in China. (see article 6). If a request for confidentiality review is submitted to the Chinese Intellectual Property Office (hereinafter referred to as the Patent Office) in advance and passed the review, this punishment can be exempted. )
3, in the case of not affecting the application in other countries, the parties to the Paris Convention can enjoy the priority stipulated in the Paris Convention. Except, of course, China.
When applying in America, the right to apply for a patent belongs to the individual, that's right.
Personally, the practice of the United States is to fully protect inventors. It's worth learning.
6. In fact, there is no need to be so extreme. You can submit a request for confidentiality review to the China Patent Office first, as long as it does not involve major national security interests, it will generally pass. After passing the confidentiality review, you can apply for a patent abroad, or you can enjoy the right to obtain a patent at home, and enjoy the priority stipulated in the Paris Convention at home.
The PCT application submitted by the China Patent Office, as the accepting office, is deemed to have submitted a request for confidentiality review at the same time.
You see, a request for confidentiality review can solve the problem satisfactorily.
Patent application abroad is not based on patent application at home. As long as the confidentiality review request is submitted in advance.
If the confidentiality review is passed, the applicant still enjoys the right to obtain the patent right in China, which does not violate the provisions of Article 20 of the Patent Law.
The state only considers national interests and public safety, and the patent authorization examination does not consider the dispute between you and the company. You can rest assured.