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Our manufacturer has a patent in China (only) and it was granted in jan 2021, we want to register it in the UK, do we have priority. We have seen another UK company is registering a similar product in the UK. Our question is, as we have had our patent granted in China before the UK company applied for theirs in the UK can we object and apply for our own patent in UK.

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    The most important dates are the earliest filing date of your application in China and the other company’s earliest filing date. Can you add that info to your question?
    – George White
    Oct 21, 2021 at 20:48

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There are two questions - can you get a patent in the UK and can you stop them. It generally takes over a year from filing to a patent being granted. If that is true in the case of your patent in China then it is too late for you to file anywhere else. Under the Paris Convention you can file in other places up to one year after filing in the first country. You are most likely past that date.

On the other hand, the filing of your application and certainly the publication/granting of your application would be considered prior art to the UK filing. If your disclosure made their claims not novel or lacking in an inventive step your disclosure could block or narrow their claims.

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  • Thanks you for your help, I was unsure of the 1 year date from filing or from granted.
    – postman
    Oct 22, 2021 at 7:45
  • @postman Please accept George White's answer as the correct answer to your question. Oct 22, 2021 at 17:00

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