Patent problem someone abroad applied for the same patent as me.

First of all, the most important point is that patent protection is regional. The so-called regionality means that the patent protection right granted by a country or region is only valid within the scope of that country or region, and other countries and regions have no legal effect, so the patent protection right will not be confirmed and recognized (unless otherwise stipulated in international treaties and bilateral agreements, the situation is another matter). If the patentee wants to enjoy the patent protection right in other countries, he must file a patent application again according to the relevant laws of other countries.

Secondly, if your invention technology is not patented, it is not called your invention patent, but your invention technology.

Furthermore, under what conditions can a technology be patented? The following three conditions must be met simultaneously:

1. Novelty: This technology has not been publicly published at home and abroad before the application date, has not been publicly used in China or is not known to the public in other ways, and no one else has filed the same application.

2. Creativity: Compared with the existing technology (existing technology) before the filing date, the invention should have outstanding substantive features and remarkable progress, and the utility model should have substantive features and progress.

3. Practicality: This technology can be manufactured or used, and has positive effects.

The three conditions mentioned above are the three requirements for applying for a patent, and the patent application process needs to be reviewed. The examiner of the State Information Bureau examines whether the patent applied by the applicant has three elements, and if so, it can be authorized.

Therefore, if you find that someone abroad has applied for the same patent as your invention technology, and has applied before you, but only applied abroad (designated country or region has applied for a patent), but not at home, then you can apply at home, but the novelty and innovation of your invention will be questioned. In order to obtain patent authorization, you need to improve your technology or let Patent examiners know where your technological innovation and improvement are. If a foreigner doesn't apply for a patent in China, he can't sue you for infringement if you produce this product in China, but if you apply for a patent, and if his product is sold in China, you can protect your rights with your patent right.