Article 18 of the Chinese Patent Law stipulates: "Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China files an application for patent in China, the application shall be treated under this Law in accordance with any agreement concluded between the country to which the applicant belongs and China, or in accordance with any international treaty to which both countries are party, or on the basis of the principle of reciprocity."
On March 19, 1985, China formally joined the Paris Convention; the nationals of the member states of the Paris Convention can all apply for patent in China; as for those countries that have not entered for the Paris Convention, the applications can be treated according to the principle of any agreement concluded between the country to which the applicant belongs and China, or according to any international treaty to which both countries are party, or on the basis of the principle of reciprocity.
Where a foreign applicant for patent in China claims priority right, he shall submit the priority document to the Chinese Patent Office. Where the Chinese Patent Office deems necessary, the applicant may be asked to supply evidences testifying his nationality, the place of his business office or headquarter, as well as supporting materials that the country to which he belongs recognizes that the Chinese citizens in that country can enjoy the same rights as those that its own nationals do.
Article 19 of the Chinese Patent Law stipulates: "Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China applies for a patent, or has other patent matters to attend to, in China, he or it shall appoint a patent agency designated by the State Council of the People's Republic of China to act as his or its agent."
Where any foreigner, foreign enterprises or other foreign organizations apply for patent in China, they shall entrust a patent agency that has been authorized to handle foreign-related patent matters, for example, the Shanghai Patent and Trademark Law Office. The applicant shall write a letter of authorization, fill in a power of attorney, and sent the relevant application documents to the agency to handle the matter. During the whole procedure, the patent agency will keep constant contact with his client.
