How do foreign companies apply for patents?
How do foreign companies apply for patents? With the increase of international communication in recent years, more and more foreigners want to invest and trade in China. This involves very important legal issues, patent protection issues and patent application issues. So how do foreign companies apply for patents? How do foreign companies apply for patents? How foreign companies apply for patents, that is, foreigners, foreign enterprises or other foreign organizations with their habitual residence or business office in China and foreigners, foreign enterprises or other foreign organizations without their habitual residence or business office in China, shall be handled separately according to different situations. There are two main ways for foreign companies to apply for a patent: for foreigners, foreign enterprises or other foreign organizations that have no habitual residence or business office in China and request to obtain a patent right in China, according to the provisions of Article 18 of the Patent Law, they can handle it according to the following three different situations: (1) If the foreigner's country has signed a bilateral agreement with China, it shall be handled according to the provisions of the agreement. (2) If both the foreigner's country and China are parties to international treaties, it shall be handled in accordance with the provisions of international treaties. (3) According to the principle of reciprocity, there are two types. First, if the foreign patent law unconditionally allows foreigners to apply for patents in that country, China also allows citizens and legal persons of that country to enjoy the treatment of Chinese citizens and legal persons; Second, if the patent law of a foreign country stipulates that nationals of other countries are allowed to apply for patents in that country on the condition that they are given national treatment by other countries, China's patent law can give national treatment to that foreign national. Foreigners, foreign enterprises or other foreign organizations that do not meet the above three conditions and have no habitual residence or business office in China cannot apply for a patent in China.