I guess by “把國內或者第三國的實用小專利”, you must mean

來源: 2010-09-15 11:11:01 [博客] [舊帖] [給我悄悄話] 本文已被閱讀:

I guess by “把國內或者第三國的實用小專利”, you must mean the Patent for Utility Model under the Chinese patent law. I also assume that the patent has been issued by the Chinese SIPO. If so, the issued patent would constitute a publication against your proposed U.S. application (either provisional or non-provisional). Please see “A person shall be entitled to a patent unless (a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent”.
I further guess that by “拿來在美國申請專利”, you are not the original inventor, which could run against you too. Please see “A person shall be entitled to a patent unless … (f) he did not himself invent the subject matter sought to be patented”.
Good luck with your entrepreneur endeavor.