1. How do foreigners who do not have a regular residence or business office in China apply for a patent?
1. Foreigners, foreign enterprises or other foreign organizations that do not have a regular residence or business office in China should entrust a patent agency established in accordance with the law to handle the application for patents and other patent affairs in China. A power of attorney and other materials are required.
2. Legal basis: "Patent Law of the People's Republic of China"
Article 17 If a foreigner, foreign enterprise or other foreign organization without a habitual residence or business office in China applies for a patent in China, it shall be handled in accordance with the agreement signed by the country to which he belongs and China or the international treaty to which both countries are a party, or in accordance with the principle of reciprocity, and in accordance with this Law.
2. Design patent application process
(1) Application stage
To apply for a design patent, the patent application documents should include: Design patent Request letter, picture or photo. If you require color protection, you should also submit color pictures or photos in duplicate. If you submit pictures, they should all be pictures. If you submit photos, they should all be photos. Pictures or photos should not be mixed. If a description is needed for pictures or photos, a brief description of the design should be submitted. If a patent agency is entrusted, a letter of authorization should be submitted. To apply for fee reduction, a request for fee reduction and corresponding supporting documents should be submitted.
(2) Examination stage
China implements a preliminary examination system for design patent applications. During the preliminary review process, the examiner will issue a notice of correction to address formal issues in the application documents. The applicant makes supplements and corrections to the notice. At the same time, the examiner will determine whether it is a foreignIf there are clients who are not clients of design patent protection, the examiner will issue a notice of examination opinion, and the applicant shall respond to the notice of examination opinion or modify the application documents.
(3) Authorization stage
1. Authorization: After passing the preliminary review, review The Commission issues a notice of grant of patent rights. After receiving the notice of grant of patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, annual fee for the year of authorization, announcement printing fee and patent certificate stamp tax within the specified period.
2. Issuing a certificate: The applicant can obtain a patent certificate after completing the registration procedures. This period is about 2-3 months.
According to the provisions of the Patent Law, foreigners, foreign enterprises or other foreign organizations that do not have a habitual residence or business office in China apply for patents and handle other matters in China. For patent affairs, a patent agency established in accordance with the law should be entrusted to handle it. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
