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Author Topic: A patent has been shelving for one year in China  (Read 1018 times)

buick

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A patent has been shelving for one year in China
« on: 03-30-07 at 04:31 am »

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: 03-30-07 at 04:36 am by buick »
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Bill Richards

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Re: A patent has been shelving for one year in Chi
« Reply #1 on: 03-31-07 at 04:23 am »

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.
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William B. Richards, P.E.
The Richards Law Firm
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buick

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Re: A patent has been shelving for one year in Chi
« Reply #2 on: 03-31-07 at 08:36 pm »

Thank you for your advice.
The patent has been patented .  



Quote
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.

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biopico

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Re: A patent has been shelving for one year in Chi
« Reply #3 on: 04-01-07 at 01:24 pm »

Quote
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.
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