1.1 Qualifications and Conditions for Applicants
Foreign natural persons applying for patents in China must first clarify whether they are eligible to apply. According to the Patent Law of the People’s Republic of China and relevant regulations, the qualification of foreign natural persons to apply for Chinese patents is divided into the following two situations:
Foreign Natural Persons with a Regular Residence in China
If a foreign natural person has a regular residence in China (usually referring to having resided continuously for more than 1 year), they can enjoy national treatment, meaning they can apply for patents directly like Chinese citizens without entrusting a patent agency. Materials to prove regular residence include residence permits, social security records, and rental contracts.
Foreign Natural Persons Without a Regular Residence in China
Such applicants must meet one of the following three conditions to apply for patents in China:
- The country of the applicant has signed a bilateral agreement with China on mutual patent protection.
- The country of the applicant and China are both parties to an international treaty that provides for mutual patent protection (such as the Paris Convention for the Protection of Industrial Property).
- The country of the applicant grants patent protection to Chinese nationals on the basis of reciprocity.
For foreign natural persons without a regular residence in China, according to the Patent Law, they must entrust a legally established Chinese patent agency to handle patent application matters. This is a mandatory requirement, and such applicants cannot directly submit applications to the National Intellectual Property Administration.
1.2 Selection of Patent Agencies and Entrustment Procedures
Since May 1, 2019, China has abolished the separate approval of foreign-related patent agencies and replaced it with a unified filing system. All legally registered patent agencies (including law firms) can act as agents in foreign-related patent matters as long as they have obtained a practice license and meet the following conditions:
- Have three or more full-time staff with patent agent qualification certificates.
- Have a stable professional team and foreign language ability to handle foreign language technical materials and international procedures.
- Complete the practice filing through the patent agency management system.
Foreign natural persons should pay attention to the following points when selecting a patent agency:
Qualification verification: You can inquire about the qualification information of the agency through the official website of the National Intellectual Property Administration (https://ggfw.cnipa.gov.cn/home).
Requirements for power of attorney:
- A patent agency power of attorney must be signed.
- The power of attorney must be notarized by a notary public in the applicant’s country.
- It must be authenticated by the Chinese embassy or consulate in that country.
- If the power of attorney is in a foreign language, a Chinese translation must be attached and notarized.
