I have some patent questions related to several Chinese patent applications, which belong to my company (US company) and a Chinese company. I asked the Chinese company with my company to file a US patent application based on the contents of the Chinese patent applications. However, the Chinese company does not want to do so and let my company file such a US patent application alone (orally permit my company to do so without any problem). In addition, the Chinese patent applications have not filed a PCT.
Based on the situation above, my questions are:
Can my company file such a patent application alone legitimately (the Chinese patent applications belong to both companies but the US patent application will belong to my company only)? If it is legitimate to do so, what kind of documents do I need from the Chinese company to allow my company to file such a US patent application? Can my company file such a US patent application without any legal permission document from the Chinese company?
I look forward to receiving your opinions and very much appreciate your comments.
Kind regards, John