Patent Implementing Rules
If you do not need a passport, you only need to indicate your nationality. If the examiner needs you to supplement the information during the examination, you can do so at that time.
Article 33 If an applicant without a habitual residence or business office in China applies for a patent or claims foreign priority, the patent administration department of the State Council may require the applicant to provide the following documents when it deems it necessary:
p>
(1) If the applicant is an individual, proof of his or her nationality;
(2) If the applicant is an enterprise or other organization, proof of the country or region where it is registered;
>(3) Documents proving that the applicant’s country recognizes that Chinese entities and individuals can enjoy patent rights, priority rights and other patent-related rights in that country under the same conditions as nationals of that country.
Patent Examination Guidelines:
4.1.3.2 The applicant is a foreigner, a foreign enterprise or other foreign organization
Article 18 of the Patent Law stipulates: If a foreigner, foreign enterprise or other foreign organization without a habitual residence or business office in China applies for a patent in China, he or she shall apply for a patent in China in accordance with the agreement signed by the country to which he belongs and China or the international treaty to which China is a party, or in accordance with the principle of reciprocity, in accordance with this Law. handle.
If the applicant is a foreigner, a foreign enterprise or other foreign organization, he or she should fill in his or her name, nationality or country or region of registration. If the examiner believes that the applicant’s nationality and place of registration filled in the request are in doubt, he may notify the applicant to provide proof of nationality in accordance with the provisions of Article 33, Item (1) or (2) of the Implementing Rules of the Patent Law. or certification documents from the country or region of registration. If the applicant states in the request that it has a business office in China, the examiner shall require the applicant to provide certification documents issued by the local industrial and commercial administration department. If the applicant indicates in the request that he or she has a habitual residence in China, the examiner shall require the applicant to submit certification documents issued by the public security department proving that he or she can reside in China for more than one year.
After confirming that the applicant is a foreigner, foreign enterprise or other foreign organization without a habitual residence or business office in China, it shall be reviewed whether the applicant’s nationality and place of registration filled in the request meet the following three conditions: One of the conditions:
(1) The country where the applicant belongs has signed an agreement with our country to provide each other’s nationals with patent protection;
(2) The country where the applicant belongs is a country that protects industrial property rights. A member country of the Paris Convention (hereinafter referred to as the Paris Convention) or a member of the World Trade Organization;
(3) The country where the applicant belongs provides patent protection to foreigners in accordance with the principle of reciprocity.
The examiner should determine whether the applicant’s country of origin (if the applicant is an individual, determine by nationality or habitual residence; if the applicant is an enterprise or other organization, determine by the place of registration) is a member of the Paris Convention When a country or a member of the World Trade Organization starts the review, it is generally not necessary to review whether the country has signed an agreement with our country to provide patent protection to each other's nationals, because all countries that have signed the above-mentioned agreements with our country are members of the Paris Convention or members of the World Trade Organization. . Only when the applicant's country is not a member of the Paris Convention or a member of the World Trade Organization, it is necessary to examine whether there are provisions in the laws of that country that provide patent protection to foreigners based on the principle of reciprocity. If the laws of the country where the applicant belongs do not expressly provide for patent protection to foreigners on the basis of the principle of reciprocity, the examiner shall require the applicant to submit documents that recognize that Chinese citizens and entities can enjoy patent protection in that country under the same conditions as nationals of that country. Documents proving patent rights and other relevant rights. If the applicant cannot provide supporting documents, the patent application shall be rejected based on the provisions of Article 44 of the Implementing Regulations of the Patent Law on the grounds that it does not comply with Article 18 of the Patent Law.