因为 grace period 的问题,不能在欧洲申请专利了.但是发现一个欧洲的软件公司可能会 对我的算法感兴趣,如果他们的软件用我的算法,并且卖到美国,是不是需要给我专利使用 费呢? 我希望能有一家公司直接把我的算法买下来.
x*o
2 楼
yes. If you get a patent in the US, anybody who imports products employing your invention into the US, he must pay you. I guess, you still can file a patent in the EU now, because I know some countries let you claim priority to the publication date of your invention. Now the first thing is to file a provisional patent (it costs $80) in the US. The grace period does not mean that your invention is protected. It is possible that somebody will file a patent application before you. If that happen
whether you can file the patent now depends on where you publish the article. Some countries provide that if you publish in some special place like international meetings, you can claim priority.