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