1. Where a patent is applied in a foreign country, the party concerned shall file a confidentiality review with the patent administration department of the State Council in advance;
2. Invention-creation should belong to the category of patent protection, that is, one of invention, utility model and design;
3, other matters needing attention when applying for a patent to a foreign country.
legal ground
1, Article 19 of the Patent Law which came into effect in June 20265438.
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.
Where an invention or utility model that violates the provisions of the first paragraph of this Article is applied for a patent in a foreign country, the patent right shall not be granted in China.