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International (USA-China) Patent Legal Issues

Discussion in 'Legal Issues' started by mawr, Apr 28, 2012.

  1. #1
    I have a question, if anybody can answer that would be great.

    I'm American, looking to start selling a product. However, the product originated from China, and has a Chinese patent.

    I know the owner of the patent, and have permission to sell it (from word of mouth, no legal documents).

    Would it be illegal for me to sell it in the USA if it has a Chinese Patent?

    Also, can I register it for a USA patent?
     
    mawr, Apr 28, 2012 IP
  2. attorney jaffe

    attorney jaffe Member

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    #2
    If you have oral permission then there should be no problem getting a written permission. You should have this before selling the product (unless you are getting it from the permitted manufacturer.)

    No, you cannot register for a US patent. Only the original inventor can do that.
     
    attorney jaffe, Apr 30, 2012 IP
  3. mawr

    mawr Peon

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    #3
    Thanks.

    Also, in America, I know you can transfer a patent, can he do that too?

    Also, he hasn't given me a written document because it'd cost like $60 to ship without it being damaged.
     
    mawr, Apr 30, 2012 IP
  4. browntwn

    browntwn Illustrious Member

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    #4
    Written permission could be as simple as an email with no cost associated with it.
     
    browntwn, Apr 30, 2012 IP
  5. nick360

    nick360 Peon

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    #5
    Are you trying to resell his product or are you making something similar?
    Because reselling something he already made does not require a patent.
     
    nick360, May 1, 2012 IP
  6. nishayadav

    nishayadav Peon

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    #6
    i think you can't....because only the real inventor can do that....
     
    nishayadav, May 4, 2012 IP