How to protect patents abroad

Ways to obtain protection for foreign patents in China: apply to China for authorization within 12 months from the date when the invention or utility model is first patented abroad, or within 6 months from the date when the design is first patented abroad. After examination, those who meet the requirements can be authorized according to law and enjoy priority.

legal ground

Article 29 of the patent law

An applicant who applies for a patent for invention or utility model for the first time in a foreign country within 12 months, or for a patent for design for the first time in a foreign country within 6 months, and applies for a patent on the same subject in China, may enjoy the priority according to the agreement signed by the foreign country and China or the international treaties to which they are both parties, or according to the principle of mutual recognition of priority.

Applicants who file a patent application for invention or utility model for the first time in China within 12 months, or apply for a patent for design for the first time in China within 6 months may enjoy priority.