I want to apply for a patent in the United States through PCT, and the application has been submitted in China, but at this time, an American applied for a patent in the United States for the same con

I want to apply for a patent in the United States through PCT, and the application has been submitted in China, but at this time, an American applied for a patent in the United States for the same content. Is this behavior invalid? Hello, this behavior is not necessarily invalid. According to the relevant provisions of priority, he applied in the United States earlier than you did in China, so you can't go to the United States to claim priority.

But it doesn't mean that there is no room for redemption. Compared with China's first application system, the United States implements the first invention system, that is, when there is a conflict between patent applications, the first person to complete the invention will get the patent right. Therefore, it is suggested that you can start from here and find the relevant evidence that you completed the invention first.

I hope my answer helps you, thank you ~