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Written by : Herman Donar |
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here's another question from Korah and what I'm gonna share is something that most people don't know and they only realize that there may be a massive problem to their intellectual property strategy after they figure out how this actually works so here's the question I made a new invention and I have it patented in the US is it necessary to also patent it in China my name is Andre Minh cuz i'm the founder of trademark factory and i'm gonna give you an answer to this question in a second but just so you know if you've got a question for me whether it's about intellectual property you would smother branding entrepreneurship trademarks make sure you post a comment below and i do my best to answer your question and also make sure you subscribe because this is how you're gonna find out when the next video goes like and if i answer your question alright so this is my answer to the question I don't know if it's necessary for you to patent your invention in China if you make your product in China or if you're afraid that somebody's gonna make your product in China you might want to get it patented in China your patent in the US allows you to stop others from selling your product in the US or making your product in the u.s. that's all it does but here is the thing that vast majority of people don't realize patents require worldwide novelty and what that means is that you cannot patent something that is known to humanity anywhere in the world including including through your own patent filings through your own patent applications in other countries so when you file your patent in the US guess what you did you told the world about your invention so anywhere in the world it becomes prior art which means that you cannot patent the same thing in those other countries the only exception granted through international treaties the Paris Convention is a six month grace period during which your own patent application is not gonna count against you so if you filed your US patent less than six months ago you can still possibly file for a patent in China maybe in Europe maybe in Mexico maybe wherever but if it's beyond those six months that's it even if you need a patent in China you can't get it anymore out of luck and like I said most people they have no idea about this they would file their patent in the US and then wait until this product becomes big and then I go get great last patent it somewhere else you can't do it anymore done there there is another possible exception with respect to so Canada and us have got slightly different slightly different rules about your own patent application so that period can be extended from 6 months to 12 months and there there could be special rules for provisional patents in the US because really when you file a provisional patent your invention does not get published so the whole idea with with the patents is that when you file for real patent you get monopoly over that invention in exchange for you disclosing the essence of your invention to the public so you get a very brief period when you're the only one who can make the product or use the invention and beyond that everyone should be able to benefit from your invention right and the only way it works is that you have to disclose all that to the public which is why it becomes prior art with provisional patents you don't really disclose the invention to the public it's it's with a trademark so it's it's with a patent office and until you convert it to the to the full patent so if you've only filed for a provisional patent you might be able to get away with it unless again unless you've disclosed your invention to the world because what most people do when you when they file a u.s. provisional patent they feel it's safe for them to go out there and start pitching to the investors and start building the product and putting it out there and once they do they can still at the conversion from the provisional patent to the full patent but there they've pretty much killed their chances of getting that patent anywhere outside of the US so a little disclaimer I am we specialize in trademarks we don't specialize in patents we cannot help you file your patents we're not gonna do that we can certainly recommend firms that can help you with patents in the US and outside of the US but that's not gonna be us and that's not something I'm gonna be sharing in this video but I understand patents enough to be able to answer this question I hope it helps if it does make sure you comment below make sure you like this video and make sure you subscribe like I said to get notified whenever the next video goes live and until then I will see you in the next video right
Thanks for your comment Maxima Vanderlinden, have a nice day.
- Herman Donar, Staff Member
Thanks for this interesting article
Thanks honiadau7 your participation is very much appreciated
- Herman Donar
About the author
I've studied historical archaeology at McNeese State University in Lake Charles and I am an expert in logic in computer science. I usually feel irate. My previous job was narcotics investigator (government) I held this position for 19 years, I love talking about neuroscience and foraging. Huge fan of Haylie Duff I practice ice hockey and collect petroliana.
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