i saw your invitation to write to you; i hope i'm not taking up your time frivolously.

if a chinese company wants to file a patent for an invention which is in public domain in the west, and is known and well published technology, can a petition be filed by a foreign company to the patent authorities requesting the patent not be granted?

nick polimeni

dear sir,

thank you for your email and so sorry that i am so late to reply because of being busy of my judicial work. i think that the answer of your question is yes. a foreign company could file a petition at the patent office requesting the patent not be granted. the company should consign a chinese lawyer to do the job.

regards,

judge jiang

www.chinaiprlaw.cn