To start with, 35 USC 102(d), 35 USC 365(a), etc.
For example “ a national application shall be entitled to the right of priority based on a prior filed international application which designated at least one country other than the United States.”
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Huawei's Efforts to Steal Apple Trade Secrets Include Employee Bonus Program and Other Dubious Tactics
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To start with, 35 USC 102(d), 35 USC 365(a), etc.
For example “ a national application shall be entitled to the right of priority based on a prior filed international application which designated at least one country other than the United States.”
You are missing the point. Yes, if you get a patent in the U.S. it doesn’t protect you in other countries (minus some specific circumstances).
But no, if I file a patent in the U.S. and you then run to another country and file a patent before my patent issues, your patent is likely not going to be valid. Because under the Patent Cooperation Treaty, if my application in the U.S. is likely to be prior art to your patent application, and therefore the other country will find your patent to be invalid.
This does not mean i have a patent in your country. It means you don’t.
So no “stealing” the patent.
Trademarks and patents can be rather complicated. I have been dealing with trademarks and patents for about 20 years now as I have a few myself. Some things about them are good and some things about them are bad. At times they work in your favor and at other times they don’t work in your favor. For a patent to be valid one needs to apply for one in every country that they want it to be valid in. One patent or Trademark in the US does not mean that one now has an international patent and trademark in every country outside the US. If a patent expires also and it was not renewed it can not be applied for in any other country to be valid which is quite odd I found. Apparently any patent that had expired can no longer be applied for. Becomes free for anyone to make after.
I never said that if you get a patent in the US you have a patent anywhere outside the US. I said if you file for a patent in the US, nobody else can get one on the same inventions outside the US. (Assuming the countries we are talking about are members of the patent cooperation treaty, which almost all are).
And why do you find it odd that if a patent is expired you can’t file for it in another country?
I ran into that problem for patent renewal. Checked with quite a few Patent attorney on expired ones. I had one go out on me which I wanted to renew but could not do so. If other side proves it expired and was not renewed then one has no case. I believe they give you a 6 month window and after that all windows are closed for the person who applied for that patent.
Yes, there are periodic maintenAnce windows, and you have to pay maintenance fees during those windows.
If the failure is inadvertent or unavoidable, you can petition the USPTO to revive the patent.
I tried to file for a petition in China but that did not work out too well. According to their law a petition is only valid inside their window of time frame but not outside of it. Apparently it is the same in the US.
We look upo
We all are pointing China wrong trade ethics and all negativities. If the Chinese did wrong, just sue in world court of justice. Don't get me wrong, let the law enforces do there work. However, did we ever ask those people who suffer from this tradewar whether they agree that they become victims of pf this tradewar ? How many people lost their jobs? We agree to each other that sacrifice needed to be done to achieve a good trade worldwide. But who are we to decide that who must be sacrificed for the so call good of the country. No one or even you cannot bear the financial responsibility for those who lost their job just because of tradewar, Am i right?
It does make sense.. Why not sue in the world court of Justice? How many of those cases would Trump win against Huawei to ban Huawei products from being sold worldwide?
If you mean the International Court of Justice, even if the US wins there’s no way to force China to abide by any decision.
If they went to court and won and the court was unable to force them comply with decision then most people around the world may accept the US banning them from being sold in US. The same could be said about if China took US to the International Court and won as they too would not be able to force the US to comply. The US already has a history of threatening and blackmailing others with stuff and harsh consequences were anyone to take them or Israel to the International Court of Justice for any of their actions,policies or crimes.
This sounds like an officer being the executioner and judge with no regards for laws (in this case international laws) and court rulings.
China is pretty much using same Trump tactics now
https://www.nytimes.com/2019/06/08/business/economy/china-huawei-trump.html
https://www.nytimes.com/2019/06/08/business/economy/china-huawei-trump.html
