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Are product patents obtained in China applicable to the global market?

Are product patents obtained in China applicable to the global market?

Answer: Not applicable.


Both utility model patents and appearance patents applied for in China are only applicable to the Chinese market and will no longer be protected after leaving the Chinese market. If you are registered in the country where your product is marketed by a patent rogue, there are only two situations, one is to abandon the national market of the product, and the other is to apply for protection through the country's legal system related to patent applications. The former is simple but suffers heavy losses, and the latter is troublesome but there may be a turning point.

However, it should be understood that the cost of passive protection of defenses is usually huge. It depends on how companies make decisions, which is a matter of input-output ratio.


How to prevent patent hooligans from focusing on your products and preempting you to seize your market patents?


Currently, there is no good way. As the saying goes, "open guns are easy to hide, but hidden arrows are hard to defend." It is really annoying and troublesome to be targeted by such a patent hooligan, but it is not that there is no way at all. In the case of cost control, under the understanding of your important market patent protection system, you can choose your important market first to protect it, but it is not necessary that each product has a registered patent, you can choose your own market share larger, also It can be more profitable.


Are product patents obtained in China applicable to the global market

At the same time, those products that have not been patented in foreign markets must be patented in China. After all, China is the world's largest producer. Many products are exported from China. With a Chinese patent, once it is found that the same product is sold or exported in China It can also be stopped and protected in time.


You can apply for a patent in China first. Usually, the product patent has been protected in disguise during the application period. Based on the principle of the earliest application date, the earlier you apply, you will naturally have the patent application right. Another example is the protection of patents for a longer period of time even when costs are reduced through PCT (PatentCooperationTreaty) and other methods.


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