Is a patent applied for by a foreign country considered infringement the same as one developed by oneself?

We all know that for most goods, the existence of trademarks and patents is extremely important. Even the parties who invent products can obtain a lot of benefits just by relying on patent rights. Therefore, the laws of our country and other countries undoubtedly advocate invention and protection. Patented, is it considered infringement if a patent applied for by a foreign country is the same as one developed by oneself? The editor of Legal Savior Network has compiled relevant content and I hope it will be helpful to you.

Patents applied for by foreign countries are not considered infringements as if they were developed by oneself

Patents applied for by foreign countries and developed by ourselves It is not considered infringement. First of all, patent protection is regional. The so-called regionality refers to the spatial (country) restrictions on patent protection rights, which means that the patent protection rights granted by a country or a region are only in that country or region. It is valid within the scope of the region. It will not have legal effect in other countries and regions, and the patent protection rights will not be recognized and recognized (unless it has joined international treaties and bilateral agreements with other provisions, the situation will be discussed separately). If the patentee wishes to enjoy patent protection in other countries, he must file a separate patent application in accordance with the relevant laws of other countries.

So, if you find that someone abroad has applied for If you have a patent for the same invention and technology, and you have applied for it before, but you only applied for it abroad (a designated country or region applied for a patent), but did not apply for it in China, then you can apply for it in China, but the novelty of your invention and creation And innovation will be questioned. To obtain a patent, you need to improve your technology or let the patent examiner know where your technological innovation and improvement points are. If a foreigner does not apply for a patent in China, he cannot sue you for infringement if you produce the product domestically. However, if you apply for a patent and his product is sold in China, you can rely on your patent rights to sell it to you. technology or product rights protection.

What conditions can apply for a patent for technology

The following three conditions must be met at the same time:

1. Novelty: the technology has not been publicly published at home or abroad before the filing date, has not been publicly used in China, or has not been made available to the public in other ways. I know that no one else has made the same application.

2. Be creative: the technology is the same as the filing date Compared with the previously existing technology (existing technology): the invention must have outstanding substantive features and significant progress, and the utility model must have substantive features and progress.

3. Practical: This technology can manufacture Or use it and have a positive effect.

The three conditions mentioned above are the application The patent application process requires review of the three characteristics of the patent. What the examiner of the State Intellectual Property Office examines is whether the patent applied by the applicant has the three characteristics. If so, it can be authorized.

In fact, from the above analysis, we can see that Under normal circumstances, when the patent applied for by a foreign country is the same as one developed by oneself, it will not constitute infringement. However, the key problem is that when there is a patent abroad that is the same as one developed by oneself, it will be difficult to apply for a patent even if it is applied for domestically. In the case of success, it is recommended that you contact a lawyer to handle this situation. LegalSavior.com also provides online lawyer consultation services, and you are welcome to make legal consultations.