[Application] What direction should I take?

2010-2-11 15:38
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I am intended to file PCT type application, even though I still don\'t know how to do it. China and US are the two countries that I need to file.

I know I can file PCT in China, then do US patent. Or, I can file PCT in the US, then do China patent. I know they are \"related\" patents and need translation.

What direction should I take? US first? China first?

And then the BIG question, how to do it (the PCT)?

Thanks in advance!
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远航  注册会员 | 2010-2-12 02:22:58

Re:What direction should I take?

Funny. If you only need to file patent applications in these two countries, why would you ever consider to file the PCT application? You can file one application in China and one application in the US and that\'s it.
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sunney  专利审查员 | 2010-3-21 17:58:01

Re:What direction should I take?

I wonder what is your nationality? if you are Chinese, you should file Chinese patent first, then US.
George  中级会员 | 2010-3-29 18:46:52

Re:What direction should I take?

If the invention is completed in China first,  you need a license from SIPO to file aboard first; otherwise, you cannot get the patent in China

If the invention is completed in any other country, you can file it first anywhere

Moreover, PCT system is not funny at all, you could have 30 months to consider whether it is wothy to filed in US, which could be very expensive compared with cost in China (however, you could get the cost reinbursed if you are Chinese individual or party)
allen2007  注册会员 | 2010-4-30 23:00:43

Re:What direction should I take?

I incline to file PCT domestic
guohaibo530  高级会员 | 2010-5-1 00:17:12

Re:What direction should I take?

Finally, wether you choose which way, I suggest that the prior right should be considered.
Chinature  新手上路 | 2010-6-9 18:46:57

Re:What direction should I take?

Maybe you can get help from the lawyers in the USA,
Please visit their website:www.anovalaw.com.
You can contact with them because it is an American-Chinese IP lawyer firm.
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