Foreign patents do not enjoy the right of defense in China, because our laws only protect patents registered in China. If a foreign patent is not registered in China, it will not be protected. However, no unit or individual may suppress an inventor or designer's application for a patent for non-service invention-creation.
Legal objectivity:
Patent Law Article 2 Invention-creation as mentioned in this Law refers to inventions, utility models and designs. Invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns. Article 7 No unit or individual may suppress an inventor or designer's application for a patent for non-service invention-creation.