Patents (China) [Q34]
E-mail:mail@cpahkltd.com
9. Q: What is the requirement for filing in a foreign country a patent application for the invention made in China?
  A:

According to Article 20 of the Patent Law, where any entity or individual intends to file an application in a foreign country for a patent for the invention or utility model made in China, it or he shall first request a secrecy examination by the patent office. According to Rule 8 of the Implementing Regulations, the applicant may file a request for secrecy examination through the following manners:
(1) filing with the patent office a request for secrecy examination and describe in detail the technical solution;
(2) filing with the patent office a patent application and submitting upon or after the filing a request for secrecy examination;
(3) filing with the patent office a PCT application. 
 

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