China units and individuals can apply for patents abroad, but they must first apply in China or apply for patents in China at the same time. Where an invention or utility model completed in China applies for a patent in a foreign country, it shall be reported to the patent administration department of the State Council in advance for confidentiality review. In violation of this provision, the patent right shall not be granted.
Legal objectivity:
Ways to apply for a patent abroad. If a unit or individual in China files an international application, there are two ways to apply: (1) apply in the China National Intellectual Property Administration Patent Office, and then apply for priority abroad within 1 year. (This country has a priority agreement with China) (2) Apply for PCT directly in China National Intellectual Property Administration Patent Office. With regard to patent agency, Article 18 of the Patent Law stipulates that foreigners, foreign enterprises or other foreign organizations that have no habitual residence or business office in China apply for patents in China, which shall be handled in accordance with the agreement signed between their countries and China or the international treaties to which * * * is a party, or in accordance with the principle of reciprocity. Article 19 of the Patent Law stipulates that foreigners, foreign enterprises or other foreign organizations that have no habitual residence or business office in China shall entrust a patent agency designated by the patent administration department of the State Council to apply for a patent and handle other patent affairs in China. China units or individuals may entrust patent agencies to apply for patents and handle other patent affairs in China. Patent agencies shall abide by laws and administrative regulations, accept the entrustment of clients, and handle patent applications or other patent affairs; The contents of the client's invention and creation shall be kept confidential, except that the patent application has been published or announced. Specific measures for the administration of patent agencies shall be formulated by the State Council.