What does foreign-related patent mean?

Foreign-related Patents refer to patents that involve factors in other jurisdictions during the patent grant process. Moreover, Chinese law stipulates that foreigners, foreign enterprises or other foreign organizations that do not have a regular residence or business office in China must entrust a patent agency established in accordance with the law in China to handle the application for patents and other patent matters in my country. Regarding the question of what foreign-related patents refer to, the editor of Legal Savior Network will give you a detailed answer below.

1. What is a foreign-related patent?

1. What is a foreign-related patent? The patent granting process involves patents from other jurisdictions. Moreover, Chinese law stipulates that foreigners, foreign enterprises or other foreign organizations that do not have a regular residence or business office in China must entrust a patent agency established in accordance with the law in China to handle the application for patents and other patent matters in my country.

2. Legal basis:

Article 18 of the Patent Law of the People's Republic of China

Foreigners, foreign enterprises or other foreign organizations that do not have a habitual residence or business office in China should apply for patents and handle other patent affairs in China, and should entrust a legal representative established in accordance with the law. handled by a patent agency.

Chinese entities or individuals that apply for patents and handle other patent matters domestically can entrust a patent agency established in accordance with the law to handle them. Patent agencies shall abide by laws and administrative regulations and handle patent applications or other patent matters as entrusted by the principal; they shall be responsible for keeping confidential the contents of the principal's inventions and creations, except where the patent application has been published or announced. The specific management measures for patent agencies shall be stipulated by the State Council.

2. How to apply for patent rights

Applying for patent rights is as follows:

1. Confirm the type of patent that needs to be applied for;

2. Search for patents of the same type. You can search independently or entrust an agency to conduct a more comprehensive search;

3. Prepare application documents and submit them to enter the application step;

4. Obtain the acceptance notice;

5. Preliminary examination; if it is an invention patent application, Before the preliminary examination, the invention patent application must first undergo a confidentiality review. If confidentiality is required, it shall be handled according to confidentiality procedures;

6. Publication stage (specifically referring to the invention patent application);

7. Substantive examination; comprehensive examination of whether the patent application has novelty, creativity, practicality and other substantive conditions stipulated in the patent law;

8. Authorization stage; utility models and designs can directly enter the authorization stage after passing the fifth step of review.

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