From another perspective, one of the conditions of patent authorization is "novelty". At present, the novelty stipulated in China's patent law is absolute novelty, that is, before the patent application date, any disclosure will affect the novelty of patent application.
If a technology is patented abroad and has been published on the corresponding official website of that country, the publicity will affect the novelty of all patents applied in China after the publication date.
To put it more bluntly, the patented technology that has been published abroad can be used for free in China, but the same technology cannot be patented. You can improve your technology and apply for a patent in China.
Legal basis: Article 22 of the Patent Law of People's Republic of China (PRC), the invention and utility model for which a patent is applied shall be novel, creative and practical.
Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date.
Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.