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7

By way of preface, this is all opinion. As far as I know, there are no empirical studies on this. I suspect that a US or EP examiner is much more likely to reject an application for lacking novelty or being obvious (compared to China, or for that matter, Japan, the UK, Australia, Canada etc). If your yardstick for rigor is the likelihood of rejection, then ...


4

I have a slightly different conclusion drawn based on my experience. I see that chinese examiners are tedious in searching prior art and their objections are almost always described in a detailed manner, which means they have at least checked that specific part of the cited prior art. I've seen them quite reluctant to grant an inventive step which usually ...


4

This is likely Chinese utility model CN203999849. The number you refer to is the application number. ZL (zhuānlì) refers to the granted version of an application number. So ZL 201420446264 is the granted utility model of application number 201420446264, which is utility model 203999849.


3

Priority is governed by 35 USC §119(a). The important part for us is the beginning, which provides: An application for patent for an invention filed in this country by any person who has, or whose legal representatives or assigns have, previously regularly filed an application for a patent for the same invention in a foreign country … It then ends with a ...


3

I submitted this question at the EPO Asian Info Helpdesk and in a nutshell, if you are not familiar with the Chinese language you need a chinese attorney. The legal basis for TPO's in China is Rule 48 of the Implementing Regulations. You need to file them in Chinese as per Rule 3 (but not the documents you might be referring to) and apparently it is not ...


2

There is no link between patenting and selling. The answers are therefore different for each head of your question. Can you develop and sell it in the US? Sure. Patents are territorial, so a patent in one country has no effect on other countries. Thus, for US purposes, a Chinese patent is irrelevant. If there is no US patent (or application), there is no ...


1

The patent information about any Chinese patent is available at SIPOpublicsearch to perform the search you need to register with the site then it allows you to search for patent information. I found the following information most of which is in Chinese


1

As patents are granted by national or regional patent offices, the patents are therefore only useful for protecting an invention in the country in which that patent is granted. In other words, patent is territorial in nature it doesn't provide global rights. What is the gripe that the current US administration has with the Chinese patent system? China ...


1

As apparently no one has found an answer yet, I'll make one with what we have. Feel free to edit in anything you find. Rule 48 from the "Rules for the Implementation of the Patent Law of the People's Republic of China" (http://english.sipo.gov.cn/laws/lawsregulations/201403/t20140331_925757.html) allows third party observations until the notification of the ...


1

Assuming the patent was fully rejected in China and no further appeals or litigation of the patent will occur, you might be able to use the patented technology in China. However, if there is a US patent and your china based company decides to distribute the product in a country where the patent is valid, you may still face patent infringement. This is not ...


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