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Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3106
Experience:  Experienced in intellectual property law
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I have a product idea that I did a patent search and found

Customer Question

I have a product idea that I did a patent search and found there is one patent in China but not in the US. Can I patent it in the US and sell it anywhere else in the world except China? If we change the design but it essentially does the same task would that be a patent infringement ? I want exclusive rights is there any other ways besides a patent that I can be protected from others stealing it?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  IP Lawexpert replied 1 year ago.

In order to obtain a patent in the U.S., the invention must be original, meaning that you must be the inventor of the invention. Also, under 35 U.S.C. 102 (a)(1)

the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.

Since the invention was patented or published in a printed publication in China prior to your filing in the U.S., it is not eligible to be patented in the U.S.

It might be possible to change the design sufficiently so that your improvement is patentable. The changes would have to be sufficient so that the invention is "unobvious" to one skilled in the technology to which it pertains. That is a significant burden, but may be possible. You may also be able to change the design sufficient to obtain a design patent. Whether or not your changes reach those levels are a significantly different question beyond the scope of the present question.

The only other possibility to obtain exclusive rights would be to contact the Chinese patent holder, see if they are pursuing patent protection in the U.S. and obtain an exclusive license from them.

If this answers your question, please accept the answer.


Customer: replied 1 year ago.
Thanks for your reply. I tried to give a rating of excellent but I was not able to give any rating at all, I will try again later.