I have a product I purchase in China. It is similar to a product with a patent being sold by company (A) in a different country to mine. I understand. I can continue to sell my product in any country company (A) doesn't hold a patent for this product. However, if company (A) then applies and gains a patent in my country. can I still continue to sell my similar product as I established my business prior to the company (A's) patent registration. Or Must I seek to have my product deemed not similar to continue selling it.

  • When you say you established your business "prior to the patent registration", do you mean before the (1) priority date, (2) application date, (3) publication date or (4) grant date of the patent? I believe the answer is significantly affected by which of these it is. – Maca May 31 '17 at 3:39
  • Sorry, I do not know if company (A) has even begun the process of establishing a patent in my country. The reason I became aware of company (A) having patents in other countries was through there Lawyer who contacted me to advise we could not sell our similar product in countries company (A) had patents for their product in. – user2018607 Jun 5 '17 at 7:58

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