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With the proper protection, your intellect could span the globe

Growing a business to have an international presence is a goal for many entrepreneurs. However, protecting your intellectual property (IP) can become increasingly complex as you expand globally.

The amount of patent applications filed in China, for example, already exceeds those filed with the:

  • United States Patent and Trademark Office (USPTO)
  • European Patent Office (EPO)
  • Japan Patent Office (JPO)
  • Korean Intellectual Property Office (KIPO)

Many American patent holders operate in China. If you are considering international expansion, it may pay off to learn about how you can retain rights to your IP in China.

China’s patent protection

In China, you can be granted both utility and invention patents for the same idea you wish to protect. Therefore, it may be wise to file both patent applications at the same time. Some additional factors to note regarding applying for Chinese IP protection include:

  • You must combine software with hardware to receive patent protection
  • Accurate translation is necessary when you file your patent application
  • Business models may be patentable if they contain technical elements

Depending on your ultimate business goals, you may choose to file an international application under the Patent Cooperation Treaty (PCT), of which 153 countries are members.

Seek counsel before you apply for your patent

Without proper intellectual property protection, entrepreneurs potentially run the risk of losing rights in one or several countries upon disclosure of their invention elsewhere. However, you can seek simultaneous IP protection in numerous countries through the PCT.

No matter what the product is that you want to patent, approaching the process in an informed, comprehensive manner will give you recourse if someone infringes upon your rights. Before you release your confidential information, ask an experienced IP attorney questions about the best way to protect what is rightfully yours.

If you need help retaining IP rights in China, contact Wang IP Law Group, P.C.

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Starting a new business can be a bit scary. Aside from worries of failure, there’s also the hassle of making sure all legal paperwork are properly filed. I reached out to Mr. Wang (Tommy) because of his excellent reviews and reputation and I am so glad I did. He was thorough and meticulous in answering all of my concerns and took time to find out special laws and policies regarding the kind of business I am starting. I could focus on the daily practical side of starting my new office without worry because I felt Tommy was reliable and took my case seriously. My business is opened and it’s all been a smooth start because of Tommy’s help. I have plans to start another business venture in the next few years and I already know I’ll be coming back to Wang IP Law.

The Shindig W.

I came to Tommy for help reviewing a licensing agreement I had secured with a well-known manufacturer. Tommy made sure I understood all the details in the contract and he negotiated with the company to improve my side of the deal. I mentioned to Tommy at my first consultation that we were looking to expand throughout the US and were investing a lot of money to make a big entrance into the market. I did not think I would have my store open so soon but Tommy also has connections with the local area and realtors to help me secure the location for my first store in the Los Angeles area. Tommy works a lot with the local businesses and he understands how to transition from the Asian market to US market. Within 8 months my store was open for business and fully operating. I must recommend Tommy to any business owners looking for help with contracts and improving their side of the deal. Tommy has the knowledge and experience to make sure there is a smooth process to open for business here, and make sure that your company is set up for success.

LI H.

I think Tommy and his team by far considered the best people to work with in my 16 business years. Beside quick responses to all my inquiries, they also done things right and providing very professional solutions. I’m highly recommending Tommy and his firm to all business owners.

Calvin C.

I have been working on my Utility Patent for almost 4 years. I have hired and fired two very reputable IP firms because with all their expertise and reputation for being some of the top firms in IP Law, I felt a lack of connection and care in my product, time and financial investment. Then I found Tommy and his team. Tommy does not waste time. He and his team are professional and extremely thorough. After 4 years, I finally found a legal team that I felt spent the time to really understand the components of my utility patent. Tommy also very mindful of cost and how and where my money would be better spent. I really feel I am in great hands with Tommy and his team. They have been patient with my revisions. And most importantly, they made me feel that they fully understood the importance this patent is to me. It has been a great and comforting pleasure working with Tommy.

G.L.

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