Who can submit a patent application to the China Patent Office?

Article 17 of the Patent Law stipulates that if a foreigner, foreign enterprise or other foreign organization that has no habitual residence or business office in China applies for a patent in China, it shall be handled in accordance with the agreement signed between his country and China or the international treaties to which he is a party, or in accordance with the principle of reciprocity.

Paris Convention is the most important international convention on industrial property rights. As of May 2024, the Paris Convention has 65,438+080 member countries. After China's accession to1March 1985 19, nationals (natural persons, legal persons and other organizations) of all convention member countries have the right to file patent applications with the China Patent Office. In addition, nationals who are not members of the Convention have the right to apply for a patent in China if they have a domicile or a real and effective industrial and commercial office in a member of the Convention.