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.
Recent Posts
- New USPTO Fee Rule for Continuing Applications: Key Changes and Strategic Considerations for Applicants
- AI and the Level of Ordinary Skill: Why Patent Law Must (and Can) Adapt to AI-Augmented Invention
- Federal Circuit Upholds PTAB Win for Patent to Detect Genetic Disorders
- CAFC Says Patent Claims Need Not Explicitly Disclose Material Benefits for Trademark Functionality Doctrine
- Other Barks & Bites for Friday, January 3: Judge Stoll Faults CAFC Majority for Fact Finding, Darrell Issa to Chair House IP Subcommittee Again, and China to Subsidize Smartphone Sales