“執著的創業者” 的問題:
“…實用小專利一般都隻在一國境內有效。如果在美國申請的費用不貴的話，可以考慮把國內或者第三國的實用小專利拿來在美國申請專利，然後賣給公司賺一筆。這個思路可操作性如何？...”
愛恨專利的熱心答複:
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.
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