Foreigners, foreign enterprises and other foreign organizations with residence or place of business in China are under the protection of patent rights. They have the same right to apply for patents as Chinese nationals under the patent protection. A foreigner, foreign enterprise or other foreign organization with no residence or business in China may apply for a patent in China under any of the following circumstances in accordance with the patent law:
(1) The bilateral agreement between China and the foreigner’s home country or any international treaty they're part of stipulates reciprocal patent protection;
(2) Where there is no bilateral agreement or international treaty, the foreign country’s patent law has granted patent protection to Chinese nationals.
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