If Company B has first applied for a patent in the United States and made it public or announced, there are several situations in which Company A applies for a patent in China:
A. A company's application for a patent for invention may be discovered by the examiner in the process of substantive examination and rejected as novelty or creativity.
Company b. A applies for a utility model patent, because the utility model patent has not been examined in substance, so the utility model patent applied by Company A will be authorized. In this case, if Company B sells its products in China, Company A can file an infringement lawsuit against Company B, but Company B can file an invalidation procedure for Company A's utility model patent with the patent that has been previously applied for and published or announced in the United States, thus making the patent right of Company A invalid. If the utility model patent of Company A fails in the end, Company B will not be considered as infringement.
How much does the general foreign patent application fee involve? A. what is the service charge for domestic agents? B. Foreign agency service fee? C. Among the service fees of overseas institutions, foreign official fees are usually more expensive. In this process, it won't be too much trouble if you find an experienced domestic agent. Just help fill out some forms required by foreign officials and pay the money.
Answer the question: This kind of knockoffs are exported in China. If the original factory is prepared in a more developed country, it may be detained by the customs. In addition, this kind of cottage product is usually small in scale, and there are no formal agents and channels abroad, and it is infiltrated by guerrilla warfare, so the original factory sometimes really can't catch it, so some smaller enterprises still have some living space in this area, but they are taking great risks.