Why Using A China Patent Agent Is Necessary When Filing In China
If you are an American inventor and wish to file for a patent somewhere other than the United States, be aware that there are different laws that govern patents. For example, foreign inventors cannot file their own patent in China. Instead, a foreigner must employ the services of a China patent agent to assist them in the filing of patents.
China follows the first to file system. This means that if there are two American inventors who have invented the same invention, the first one to file, through the use of a China patent agent, receives the patent. This holds true even if the inventor who filed first did not actually invent his product first. The United States patent system is very different in that it does not operate this way.
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This first to file system in China can present many problems. If you are thinking that patents in China can easily be granted to non inventors, you are correct. An example would be if an inventor or company in the United States fails to get a patent in China for his, her or its invention, then a person or company in China can claim the innovation and file for a patent in China. If the Chinese are the first to file, then they obtain all intellectual property rights to the invention in China, and the original inventor has very little recourse or options. The first to file system is perfectly legal in China. While it probably seems very unfair to United States citizens, it is a common practice in China. In fact, the position of a China patent agent is considered to be a good job in China. It may also be helpful for you to know that the Chinese court system is very outdated compared to the United States court system. If you happen to challenge the first to file system, you will find it very difficult to do so. First of all, the Chinese courts only accept original or primary documents as evidence. Furthermore, just as they require a China patent agent to file the patents, they only allow Chinese lawyers in their court system. It is extremely important that, as an inventor, you educate yourself on all types of patent law, including foreign patent laws. You can best do this via the aid of a knowledgeable patent lawyer. You do, however, want to make sure that the attorney you hire has experience with and is well versed in foreign patent laws. The foreign market could well be a wonderful and lucrative source of income for you as a result of securing the intellectual property rights to your invention. While you may have to follow certain rules in China such as using a China patent agent to file your patent, you can definitely protect yourself and your invention if you become informed. |
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