Can domestic units or individuals file international applications for patents?

Many people have applied for patents in China. In order to make the economic value of the patents higher, they will also apply for patents abroad. Domestic patents are completely different from those abroad. Many people are also worried that they cannot apply for foreign patents. So, can domestic units or individuals file international patent applications? Take a look at the information collected by the editor of Legal Savior.

Can domestic units or individuals file international patent applications

Yes.

(1) In the Patent Office of the State Intellectual Property Office Apply and then claim priority to apply abroad within 1 year. (This country has a priority agreement with China)

(2) Apply directly through PCT at the Patent Office of the State Intellectual Property Office.

Regarding patent agency, Article 18 of the Patent Law stipulates that if a foreigner, foreign enterprise or other foreign organization without a habitual residence or business office in China applies for a patent in China, the patent application shall be based on the laws of the country of origin and China. Signed agreements or international treaties to which both parties are parties, or in accordance with the principle of reciprocity, shall be handled in accordance with this Law.

Article 19 of the "Patent Law" stipulates, Foreigners, foreign enterprises or other foreign organizations who do not have a habitual residence or business office in ChinaWhen applying for patents and handling other patent matters in China, the patent agency designated by the patent administration department of the State Council should be entrusted to handle the matters. Chinese entities or individuals that apply for patents and handle other patent matters domestically can entrust a patent agency to handle them. Patent agencies shall abide by laws and administrative regulations and handle patent applications or other patent matters as entrusted by the principal; they shall be responsible for keeping confidential the contents of the principal's inventions and creations, except where the patent application has been published or announced. The specific management measures for patent agencies shall be stipulated by the State Council.

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