(1) The bilateral agreement signed between the foreigner's country and China stipulates that the patent protection shall be granted to the nationals of the other country;
(2) The international treaties concluded between the foreigner's country and China provide patent protection to the nationals of the other country;
(3) Although the foreigner's country and China have not signed bilateral agreements or acceded to international treaties, the other party has stipulated in the patent law or granted patent protection to our nationals in practice according to the principle of reciprocity.
Legal basis: Article 18 of the Patent Law of People's Republic of China (PRC), if a foreigner, foreign enterprise or other foreign organization that has no habitual residence or business office in China applies for a patent and handles other patent affairs in China, it shall entrust a legally established patent agency to handle it.
Units or individuals applying for patents and handling other patent affairs in China may entrust a legally established patent agency to handle them.
Patent agencies shall abide by laws and administrative regulations, accept the entrustment of clients, and handle patent applications or other patent affairs; The contents of the client's invention and creation shall be kept confidential, except that the patent application has been published or announced. Specific measures for the administration of patent agencies shall be formulated by the State Council.