Besides the requirement for a foreign filing license (sometimes referred to as a confidentiality review) under Article 19 of the Patent Law to file a Chinese patent application abroad, there is an additional requirement under China’s Export Control regime to assign a Chinese patent or patent application to a foreign entity per Article 10 of the Patent Law. Under Chapter III of the Foreign Trade Law of the People’s Republic of China (2022), technologies are divided into three categories: freely exportable, restricted and prohibited.

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