Can foreigners apply for patents in China?

Legal analysis: According to the provisions of the Patent Law of People's Republic of China (PRC), foreigners, foreign enterprises and other foreign organizations who have their habitual residence or business offices in China can enjoy national treatment in terms of patent protection, that is, they have the same right to apply for patents as their own nationals, thus obtaining patent protection.

Legal basis: Article 10 of the Patent Law of People's Republic of China (PRC).

The right to apply for a patent and the patent right can be transferred.

Where a unit or individual in China transfers the right to apply for a patent or the patent right to a foreigner, foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the provisions of relevant laws and administrative regulations.

Where the right to apply for a patent or the patent right is transferred, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of the right to apply for a patent or the patent right shall take effect from the date of registration.