Can some foreign patents be applied in China?

Legal analysis: Foreigners, foreign enterprises and other foreign organizations who have their habitual residence or business offices in China can enjoy national treatment in patent protection, that is, they have the same right to apply for patents as their own nationals, thus obtaining patent protection.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 42 The term of patent right for invention is 20 years, and the term of patent right for utility model and patent right for design is 10 years, counting from the date of application.

Article 44 In any of the following circumstances, the patent right shall be terminated before the expiration of the time limit:

1. Failing to pay the annual fee as required.

2. The patentee waives his patent right in writing.

Where the patent right is terminated before the expiration of the time limit, it shall be registered and announced by the patent administration department of the State Council.