What is the foreign patent application process?

The process of applying for a foreign patent: 1. Make a request to the patent administration department of the State Council. The patent administrative department of the State Council, after preliminary examination, considers that it conforms to the relevant provisions of the Patent Law and these Rules, and shall publish it in the Patent Gazette; 2. After approval, apply abroad; 3. Approve the authorization.

legal ground

Article 103 of the Patent Law of People's Republic of China (PRC) The applicant for an international application shall, within 30 months from the priority date mentioned in Article 2 of the Patent Cooperation Treaty (hereinafter referred to as the priority date of this chapter), go through the formalities for entering the national phase of China with the patent administration department of the State Council; If the applicant fails to do so within the time limit, he can go through the formalities of entering the national phase of China within 32 months from the priority date after paying the grace period fee. Article 114 Where an international application for a patent right for invention is published internationally by the International Bureau in Chinese, the provisions of Article 13 of the Patent Law shall apply from the date of international publication; Where the International Bureau publishes internationally in a language other than Chinese, the provisions of Article 13 of the Patent Law shall apply as of the date of publication by the patent administration department of the State Council. For international applications, the publication mentioned in Articles 21 and 22 of the Patent Law refers to the publication specified in the first paragraph of this article.