The foreign patent rights obtained from inventions and innovations by the foreigners are of no effect in China. In the event that the foreigners intend to make their inventions and innovations being protected in China, they shall apply for and take out patent rights in China or from the place in China appointed for the international patent application, which has already passed the “Patent Cooperation Treaty” (PCT).

The qualifications of the main bodies applying for patents contain:

① the ones who have habitual residences or business offices in China;

② the foreigners, who have no habitual residences or business offices in China, may carry out applications according to the agreements reached between or the international treaties jointly concluded by the countries where they come and China;

③ according to the reciprocal principles made between their own countries and China.