Patent law

Foreigners’ application for patent in China

If a foreigner, foreign enterprise or other foreign organization files an application for a patent in China, they shall abide by the following rules:

(1)If a foreigner, foreign enterprise or other foreign organization having regular residence or place of business in China files and application for a patent in China, according to Paris Convention and international convention, they are entitled to national treatment.

(2) If a foreigner, foreign enterprise or other foreign organization having no regular residence or place of business in China files and application for a patent in China, the application shall be handled under this Law in accordance with any agreement concluded between the country to which the applicant belongs and China, or any international treaty to which both countries are party, or on the basis of the principle of reciprocity.

(3) Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China applies for a patent, or has other patent matters to attend to, in China, he or it shall appoint a patent agency designated by the patent administration department under the State Council to act as his or its agent.