How Do I Protect My Idea In China?
Bay McLaughlin

Dear Bay,

Good article. While agreed with many points you made, I am confused or disagree with some.

  • “patent search” — not easy, unless some1 who not just had a law degree, but also received patent law training. Patents in the database are far more than tech terms and descriptions. In fact, more patent law jargon than tech. Did you mean to hire patent lawyer to conduct search?
  • “File your IP where you manufacture IF you can afford to do so (that usually will mean China).” but later, you said “And you won’t be able to enforce your IP in a lot of countries, especially China.” ???
  • “And if you’re patent gets granted the first time, without any defending required, be WARY! The more times you have to defend your patent to the local office of your choosing, the stronger the patent is.” Sounds like a good point, and I’d love to learn more. Can you explain further?
  • “Don’t start filing in all countries you THINK you may sell to one day. Start with the countries you WILL sell to in the early days.” Good point, but I learned this in a hard way. Once my products were sold in the US, can’t file patent in Canada.

Look forward to your feedback!

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