Are domestic patents protected abroad?

Legal analysis: if a patent applied abroad is not an international patent and has not been applied at home, it will not be protected. Because the patent itself is regional, the acquisition of the patent right must be applied and granted by the patent administration department of a country in order to enjoy the monopoly right in the area under the jurisdiction of that country.

Legal basis: Article 19 of the Patent Law of People's Republic of China (PRC). Any unit or individual that applies to a foreign country for a patent for invention or utility model completed in China shall file a confidentiality review with the patent administration department of the State Council in advance. The procedures and time limit for confidentiality review shall be implemented in accordance with the provisions of the State Council.

Units or individuals in China may file an international patent application in accordance with the relevant international treaties to which People's Republic of China (PRC) is a party. The applicant who files an international application for a patent shall abide by the provisions of the preceding paragraph.

The patent administration department of the State Council shall handle international patent applications in accordance with the relevant international treaties to which People's Republic of China (PRC) is a party, this Law and the relevant provisions of the State Council.