The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Oct 27th, 2020, 10:44pm

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
  
  
I have an Invention ... Now What?
(Moderators: Forum Admin, JimIvey, JSonnabend)
   A patent has been shelving for one year in China
« Previous topic | Next topic »
Pages: 1  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: A patent has been shelving for one year in China  (Read 720 times)
buick
Newbie
*




   


Posts: 2
A patent has been shelving for one year in China
« on: Mar 30th, 2007, 4:31am »
Quote Quote Modify Modify

Hi,all
 I am a Chinese. A  closest friend of mine has a disign patent about drink bottle. It is novel and useful.Below I briefly outline it. It can be filled two or three kinds of drink. For example, cocacola  and water can stay together, then  people can drink water  to rinse carbonic acid.    
But some enterprises in China  have no  interest on it.  
 
I have some questions.
For having no money, my friend have not  applied patent in  US. If he negotiates with coporation in US,what the most large risk shuold he take care?  
 
Thanks.
« Last Edit: Mar 30th, 2007, 4:36am by buick » IP Logged
Bill Richards
Full Member
***




   
WWW Email

Posts: 758
Re: A patent has been shelving for one year in Chi
« Reply #1 on: Mar 31st, 2007, 4:23am »
Quote Quote Modify Modify

Unfortunately, money is what drives commerce and without it, one's options are limited.  Too, it's difficult to give advice in the abstract without more information and, especially what the business goals are.  Is this bottle actually patented in China or is this just a design idea?  Depending upon the facts, rights to US patent protection may be gone anyway.  The risk of dealing with a company in a country where one has no protection is that they may take the idea for themselves.  And, it may be perfectly legal to do so.  A non-disclosure agreement may help, but, depending upon the circumstances, it may not.
IP Logged

William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
buick
Newbie
*




   


Posts: 2
Re: A patent has been shelving for one year in Chi
« Reply #2 on: Mar 31st, 2007, 8:36pm »
Quote Quote Modify Modify

Thank you for your advice.
The patent has been patented .  
 
 
 
on Mar 31st, 2007, 4:23am, Bill Richards wrote:
Unfortunately, money is what drives commerce and without it, one's options are limited.  Too, it's difficult to give advice in the abstract without more information and, especially what the business goals are.  Is this bottle actually patented in China or is this just a design idea?  Depending upon the facts, rights to US patent protection may be gone anyway.  The risk of dealing with a company in a country where one has no protection is that they may take the idea for themselves.  And, it may be perfectly legal to do so.  A non-disclosure agreement may help, but, depending upon the circumstances, it may not.

IP Logged
biopico
Full Member
***




   


Posts: 434
Re: A patent has been shelving for one year in Chi
« Reply #3 on: Apr 1st, 2007, 2:24pm »
Quote Quote Modify Modify

on Mar 31st, 2007, 8:36pm, buick wrote:
Thank you for your advice.
The patent has been patented .  

 
In your initial post, you stated a design patent.  So I got that. The best approach at this point is to apply for a patent in the US if it is still possible.  Then try to find investors with US patent pending design and a patent granted in China.
IP Logged

Registered Patent Agent Specializing in All Areas of Biotechnology
Pages: 1  Reply Reply Send Topic Send Topic Print Print

« Previous topic | Next topic »
Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright © 2000-2004 Yet another Bulletin Board