How do foreigners apply for patents in China?

For foreigners, foreign companies or other foreign organizations who apply for patents in China, the Patent Law of the People's Republic of China (hereinafter referred to as the "Patent Law") divides them into two categories: Foreigners, foreign enterprises or other foreign organizations with a habitual residence or business office in China and foreigners, foreign enterprises or other foreign organizations without a habitual residence or business office in China will be dealt with separately according to different situations. If a foreigner, foreign enterprise or other foreign organization without a habitual residence or business office in China requests to obtain patent rights in China, according to the provisions of Article 18 of the Patent Law, it can be handled according to the following three different situations (1) If the country where the foreigner belongs 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 treatment based on the principle of reciprocity. One is that if the patent law of a foreign country unconditionally allows foreigners to apply for patents in that country, China also allows citizens and legal persons of that country to enjoy the treatment of Chinese citizens and legal persons; the second is that If the patent law of a foreign country stipulates that nationals of other countries are allowed to apply for patents in that country on the condition that the foreign national is granted national treatment by the other country, then 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 has no 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 legal documents requesting protection of their inventions and creations to the State Intellectual Property Office just like Chinese people. 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 certification 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. Foreign applicants applying for invention and utility model patents shall submit documents such as a request, description, drawings, claims, and abstract. Applicants applying for a design patent should submit a request and documents such as pictures or photos of the design, and should also indicate the name of the product using the design and the category to which the product belongs. After filing the application, the State Intellectual Property Office will review and approve the patent application.