For foreigners, foreign enterprises or other foreign organizations that do not have a habitual residence or business office in China and request to obtain patent rights in China, according to the provisions of Article 18 of the Patent Law, they may apply based on the following three methods: Handling of different situations
(1) If the foreigner’s country has signed a bilateral agreement with China, the matter shall be handled in accordance with the provisions of the agreement.
(2) If the foreigner’s country joins an international treaty with China, the matter shall be handled in accordance with the provisions of the international treaty.
(3) Two types of processing based on the principle of reciprocity
First, if the patent law of a foreign country unconditionally allows foreigners to apply for patents in that country, China also allows that country to apply for patents. Citizens and legal persons of other countries enjoy the same treatment as Chinese citizens and legal persons;
Secondly, if the patent law of a foreign country stipulates that nationals of other countries are allowed to apply in that country on the condition that other countries grant national treatment to the foreign nationals. If a patent is issued, the Chinese Patent Law may grant national treatment to the foreign national.
Any foreigner, foreign enterprise or other foreign organization that does not meet the above three conditions and does not have a habitual residence or business office in China cannot apply for a patent in China.
According to the Patent Law, foreigners, foreign enterprises or other foreign organizations with habitual residence or business offices in China who apply for patents must submit a request to the State Intellectual Property Office to protect their inventions just like Chinese people. Legal document created. These documents are the basis for the State Intellectual Property Office to review and decide whether to grant a patent right. They are also the basis for the scope of rights protected by the patent law after the applicant obtains the patent right. The Patent Law and its implementing regulations provide unified regulations on the form of patent application documents. All application documents submitted by the applicant shall use the unified form formulated by the State Intellectual Property Office, and the text shall be uniformly in Chinese. If there is no unified Chinese translation of foreign names, place names or scientific terms, the original text should be indicated in brackets after the Chinese translation. If the various certificates and supporting documents submitted by foreign applicants in accordance with regulations are in foreign languages, the State Intellectual Property Office may require the applicant to attach Chinese translations within a specified period if it deems it necessary.
So there is still a need for Chinese transliteration, with the full English name in parentheses.