How to patent an invention in China from Latin America?

To patent an invention in China being from Latin America, it is recommended to follow the following steps:

  1. Check if the invention is patentable in China: It is advisable to check if your invention is eligible to be patented in China. The patentability requirement includes that the invention be new, have an inventive step and be capable of industrial application.
  2. Register your patent in your country: it is important to register the patent in the country of origin of the invention before starting the process in China to avoid any legal problems.
  3. Apply for a patent in China: To apply for a patent in China, you must submit a patent application to the China State Intellectual Property Center (SIPO). It is possible to apply yourself or through a patent agent in China.
  4. Conduct a patent pre-search: After the patent application is filed, a patent pre-search is conducted to check for similar patents that may affect the viability of your patent.
  5. Waiting for approval: After the patent application is filed, SIPO processes the patent application and issues a preliminary examination and a formal examination. If the application is approved, the patent is issued.

In summary, to patent an invention in China from Latin America, the steps are similar to those that would be followed in any other country in the world and it is recommended to have the advice of a patent agent in China to ensure that the process is carried out correctly. and the legal deadlines are respected.

In summary, to protect a trademark in Latin America from China, it is important to first register the trademark in China, research availability in Latin America, register the trademark in each destination country, monitor its use, and retain an intellectual property attorney in case of legal problems.

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