Do Chinese companies have to apply for foreign patents through a law firm designated by the China National Patent Office?

1. Answer: No.

For example, when a Chinese company applies for a patent in the United States, it must go through a local patent office in the United States. Other countries are similar.

Exceptionally, if you apply to the United States through the PCT (Patent Cooperation Treaty) route, you can apply directly in China. The company can submit the application directly through the State Intellectual Property Office of China. If you are inexperienced, it is recommended to find an agency.

2. Answer: No inquiry is required.

The new Patent Law in 2009 has removed restrictions on foreign-related agency rights. The meaning of this foreign-related agency: Foreign companies or individuals applying for patents in China must go through a patent firm designated by the State Intellectual Property Office with foreign-related agency qualifications. In other words, when Chinese companies apply abroad, there is never any restriction on finding a patent agency.

Supplement: If you apply for a patent in the United States with a domestic law firm, after the domestic patent law firm has prepared the document, you must also find a U.S. patent law firm that cooperates with them to translate it and submit the application to the U.S. Patent Office.

For companies with more experience in patent application, it is recommended to cooperate directly with the US Patent Office. In addition, if you have a high level of English, you can communicate directly with the US Patent Office, which is convenient. Oh, haha, save money and time.

For companies with less experience, it is recommended to find a domestic patent office. Patent application is still a very professional matter to avoid mistakes.