China officially became a member state of the PCT on January 1, 1994, and is the receiving Office, international search and preliminary examination authority. The specific methods for Chinese entities or individuals to apply for international patents are as follows:
1. Apply for a patent to the Patent Office or specify China in the international application, and with the approval of the relevant competent authorities of the State Council, entrust the State Council or authorize the Patent Office of the State Council Designated patent agency. After accepting the entrustment of the applicant, the patent agency shall submit the relevant documents confirming the approval of the relevant competent authorities of the State Council to apply for a patent in a foreign country to the Patent Office for filing.
2. When Taiwanese compatriots submit an international application to the International Bureau, they should provide the Patent Office with documentation proving the applicant’s residence or business office, and entrust a patent agency designated by the Patent Office authorized by the State Council to handle the application. Chinese compatriots living in Hong Kong, Macao and other regions who submit an international application to the International Bureau and specify the Chinese Patent Office as the international search authority in the request shall provide the Patent Office with nationality certification documents and entrust the State Council to authorize the patent designated by the Patent Office. Handled by agency.
3. If a Chinese resident or national submits an international application to the International Bureau in accordance with these Measures, the competent international search authority and international preliminary examination authority shall be the Chinese Patent Office.
In addition, Chinese people can also apply for patents in foreign countries through the Paris Convention.
There are two main ways for Chinese to apply for patents abroad: PCT international application and Paris Convention route.
It is important to note that PCT patent applications do not include design patents.