1. What needs to be reviewed when applying for a foreign patent for an invention or utility model completed in China
1. Any unit or individual that applies for a patent in a foreign country for an invention or utility model completed in China must report it to the patent administration department of the State Council in advance for confidentiality review. The procedures and deadlines for confidentiality review shall be implemented in accordance with the regulations of the State Council.
2. Legal basis: "Patent Law of the People's Republic of China"
Article 19 Any unit or individual that applies for a patent in a foreign country for an invention or utility model completed in China must report it to the patent administration department of the State Council in advance for confidentiality review. The procedures and deadlines for confidentiality review shall be implemented in accordance with the regulations of the State Council.
Chinese entities or individuals may file international applications for patents in accordance with relevant international treaties to which the People's Republic of China is a party. When an applicant files an international application for a patent, he or she shall comply with the provisions of the preceding paragraph.
The Patent Administration Department of the State Council handles international applications for patents in accordance with relevant international treaties to which the People's Republic of China is a party, this Law and relevant provisions of the State Council.
For inventions or utility models that violate the provisions of paragraph 1 of this article and apply for patents in foreign countries, if a patent is applied for in China, the patent right will not be granted.
2. Procedures for foreign companies to apply for patents
1. Foreigners who have a habitual residence or business office in China should enjoy the same treatment as nationals of that country according to the provisions of the Paris Convention. Therefore, they are treated the same as Chinese entities. The procedures for applying for a patent by an individual are exactly the same. You can apply by yourself or entrust a domestic patent agency to handle it. The examiner shall require the application during the examination processThe person must provide proof of residence or business place or a valid business place certificate issued by the local industrial and commercial department.
2. Foreigners, foreign enterprises or other foreign organizations that do not have a habitual residence or business office in China must meet one of the following three conditions when applying for a patent in China: The country where the applicant belongs has signed an agreement with our country to provide patent protection to each other's nationals; the country where the applicant belongs is a member of the Paris Convention for the Protection of Industrial Property; the law of the country where the applicant belongs has a reciprocal principle to provide patent protection to foreigners. If one of the above conditions is met, the application should be entrusted to a patent agency designated by the State Council in accordance with the provisions of Article 1 of the Patent Law and cannot directly submit the application to the China Patent Office.
According to the provisions of the Patent Law, any unit or individual that applies for a patent in a foreign country for an invention or utility model completed in China must report it to the Patent Office of the State Council in advance. The executive branch conducts confidential reviews. The procedures and deadlines for confidentiality review shall be implemented in accordance with the regulations of the State Council. 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.
