Are general American patents valid in China?

1. Is the general American patent valid in China? Patents applied abroad are not protected if they are not international patents and have not been applied in China. Because the patent itself is regional, the acquisition of the patent right must be applied and granted by the patent administration department of a country in order to enjoy the monopoly right within the jurisdiction of that country. That's why there are China patents and American patents. If you apply for a patent in China, you will enjoy the monopoly right of the patent, but if you don't apply for a patent in other countries, the patent will not be protected in other countries and you can use it at will. Article 36 of the Patent Law: Where an application for a patent for invention is filed in a foreign country, the patent administration department of the State Council may require the applicant to submit the retrieval materials or examination results materials for the examination of his application in that country within a specified time limit; If the application is not submitted within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. The international patent is because China joined the Patent Cooperation Treaty (PCT) on 1994 1 month 1 day. In this way, "one country applies and many countries are effective". This method is divided into international stage and national stage. Two. Patent protection measures 1. Conscientiously implement the laws and regulations on patent protection. China has promulgated many laws, regulations and departmental rules on patent protection, as well as some related judicial interpretations, such as the Patent Law and the Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Disputes. , faithfully implement the patent protection laws and regulations. Administrative law enforcement departments and judicial organs should increase the punishment for patent infringement, so that the infringer is afraid of the law, and the infringement can be effectively curbed, reflecting the role of laws and regulations in protecting patent rights. 2. Enhance the awareness of legal protection of patent rights, and increase the popularization and publicity of domestic and foreign patent protection laws and regulations. Familiarize the patentee with the laws and regulations related to his patent right, improve the patentee's awareness of self-protection, and implement protective measures from application to authorization. 3. Encourage patent applications. The state should introduce a series of measures to encourage scientific researchers to actively apply for patents, so that patents can be transformed into productive forces as soon as possible and benefit the people, especially to apply for patents abroad to better protect patent rights. 4. Establish a perfect patent transfer mechanism. At present, China has not established a perfect mechanism to guarantee patent transfer, and there are few professional patent appraisers and promotion agencies, which leads to the phenomenon that patent research is more difficult than transfer. Therefore, it is imperative to establish a perfect patent transfer guarantee mechanism, speed up the training of patent transfer talents, and train a group of high-quality talents who have both patent evaluation knowledge and patent promotion skills and can safeguard the interests of patentees. 5. Strengthen the customs protection of patent rights. In China's import and export trade, many products are patented, some of which are patent infringement products, and patent infringement acts are both domestic and foreign. Therefore, in order to protect the legitimate rights and interests of patentees and consumers, and improve the international reputation of our products, we should increase the investment in people, money and materials in the customs and patent management organs, and strictly control the entry and exit of patented infringing products. 6. Paying attention to the international protection of patent rights is realized through treaties concluded between countries. In China, due to various reasons, the patentee fails to exercise the priority in other member countries within the time limit stipulated in the convention after obtaining the patent application in China, which makes the patent lose novelty in other member countries and cannot be protected by these countries, and the interests of the patentee will suffer. As long as we pay attention to the international protection of patent rights, similar losses can be completely avoided. If a patent wants the same legal protection in other countries, it must apply for an international patent. The remarkable feature of an international patent is that one country applies and many countries are effective. Therefore, if an American enterprise accuses a domestic enterprise of infringing its patent right, but it is verified that the patent has not been registered in China and is not an international patent, the relevant litigation request is invalid.