The process for an unit to apply for a foreign patent:
1. The unit reports to the Patent Administration Department of the State Council in advance for confidentiality review;
2. The Patent Administration Department of the State Council receives After application, the international patent application shall be processed in accordance with the relevant international treaties to which the People's Republic of China is a party, this Law and the relevant provisions of the State Council.
Legal Basis
Article 19 of the Patent Law that will take effect on June 1, 2021
Any unit or individual will submit an invention or invention completed in China If a utility model is applied for patent in a foreign country, it must be reported to the patent administration department of the State Council in advance for confidentiality review. The procedures and deadlines for confidentiality review shall be implemented in accordance with the regulations of the State Council.
Chinese entities or individuals may file international applications for patents in accordance with relevant international treaties to which the People’s Republic of China is a party. When an applicant files an international application for a patent, he or she shall comply with the provisions of the preceding paragraph.
The Patent Administration Department of the State Council handles international applications for patents in accordance with relevant international treaties to which the People's Republic of China is a party, this Law and relevant provisions of the State Council.
For inventions or utility models that violate the provisions of paragraph 1 of this article and apply for patents in foreign countries, if a patent is applied for in China, the patent right will not be granted.