“执着的创业者” 的问题:
“…实用小专利一般都只在一国境内有效。如果在美国申请的费用不贵的话，可以考虑把国内或者第三国的实用小专利拿来在美国申请专利，然后卖给公司赚一笔。这个思路可操作性如何？...”
爱恨专利的热心答复:
I guess by “把国内或者第三国的实用小专利”, 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 “拿来在美国申请专利”, 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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