What are the procedures for foreigners to apply for patents in China
Foreigners applying for patents in China must follow our country’s laws and international treaties. It should be noted that if the country where the foreigner is located does not allow Chinese citizens to apply for patents in its territory, then the foreigner usually cannot apply for a patent in my country.
Foreigners who have a habitual residence or business office in China Persons, foreign enterprises or other foreign organizations applying for patents in China shall enjoy the same rights as Chinese citizens and enterprise organizations.
Foreigners, foreign enterprises or other foreign organizations that do not have a habitual residence or business office in China apply for patents in China, which can be divided into three situations and dealt with separately:
1. It shall be handled in accordance with the agreement signed between the country to which it belongs and China. The agreements mentioned here mainly refer to bilateral agreements signed by our country with other countries. If the agreement stipulates that each other's natural persons, enterprises, and organizations are allowed to apply for patents in their own countries, then this provision should be followed.
2. It shall be handled in accordance with the international treaties jointly signed by the country to which it belongs and China. Our country has participated in the Paris Convention for the Protection of Industrial Property and the Convention Establishing the World Intellectual Property Organization. Both treaties stipulate that member states should allow each other to apply for and obtain patents and implement the principle of national treatment. Therefore, when citizens, legal persons or other organizations that are party to the above two conventions apply for patents in our country, our country should grant them national treatment.
3. Handle according to the principle of reciprocity. The principle of reciprocity is also called the principle of reciprocity. That is to say, if a country allows its citizens, enterprises, and organizations to apply for and obtain patents in that country, then our country also allows its citizens, enterprises, and organizations to apply for and obtain patents in our country.
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