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Can foreigners apply for patents in China?
Release Time：
2020-06-08
Source: State Intellectual Property Office Release time: 2020-06-08
Foreigners, foreign enterprises and other foreign organizations with habitual residence or business offices in China can enjoy national treatment in the protection of patent rights, that is, they have the same right to apply for patents and obtain patent protection as nationals of their own countries. Foreigners, foreign enterprises or other foreign organizations that do not have a habitual residence or business office in China may apply for a patent in my country in accordance with the Patent Law if they meet one of the following three circumstances:
(1) The bilateral agreement signed between the foreigner’s country and my country stipulates that each other’s nationals shall be granted patent protection;
(2) The international treaty to which the foreigner’s country of origin and our country both participate stipulates that each other’s nationals are granted patent protection;
(3) Although the foreigner’s country and our country have neither signed a bilateral agreement nor jointly acceded to an international treaty, the other party provides patent protection to our nationals in the patent law or in practice in accordance with the principle of reciprocity. "
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