Complete Guide: How Foreigners  buy or Purchase Chinese Patents

Core Conclusion

Foreigners can absolutely purchase Chinese patents. The process is essentially the same as for Chinese nationals, but there is one mandatory requirement: you must entrust a legally established Chinese patent agency to handle all patent-related matters.

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I. Legal Prerequisite: Are Foreigners Eligible?

Yes. According to Article 18 of the Patent Law, foreigners who do not have a habitual residence or business establishment in China may purchase patents if any of the following conditions are met:

In reality, the vast majority of countries worldwide are members of the Paris Convention, so this threshold is effectively non-existent for most foreigners.

II. Purchase Process (5 Steps)

Step 1: Identify the Target Patent and Conduct Due Diligence

• Log into the CNIPA (National Intellectual Property Administration) official website (or PatentScope) to check the legal status of the patent

• Key checks: whether it is valid, whether there are any infringement disputes, remaining protection term, and scope of claims

• If it is a PCT patent, also confirm whether it has entered the Chinese national phase (the PCT international phase only generates "application rights"; only after entering the national phase does it become a tradable granted patent)

Step 2: Negotiate with the Patent Holder

• You can negotiate directly or entrust a patent agency to negotiate on your behalf

• Clarify the transaction type: full patent assignment vs. exclusive/ordinary license

• Agree on price and payment method (usually a one-time payment; licenses may be tied to production volume)

Step 3: Sign a Written Assignment Contract

The contract must clearly specify:

• Patent number, name, and scope of rights

• Transfer price and payment method

• Rights, obligations, and liability for breach of contract by both parties

• Special provisions for handling rights in multiple countries if applicable

Step 4: File for Register Change (Critical Step)

Submit the following to the CNIPA:

• Patent assignment contract

• Application for Register Change

• Identity documents of both parties (foreigners must provide notarized and authenticated documents)

⚠️ Patent assignment takes effect from the date of registration. Without registration, no change of ownership occurs.

Step 5: Make Payment + Ongoing Maintenance

• Pay according to the contract terms

• After purchase, you must continue to pay annual fees to keep the patent in force:

• Invention patent: 20 years

• Utility model / Design patent: 10 years

• Both counted from the filing date

III. Special Notes

IV. Practical Recommendations

1. Strongly recommend engaging a professional patent agency — not only because it is legally required, but because patent transactions involve technical valuation, rights stability checks, multi-country filings, and other specialized steps

2. Before the transaction, conduct a three-layer review: procedural status (is it valid?) → substantive rights (scope of protection) → ownership stability (are there co-owner disputes?)

3. Link payment to closing: pay the full amount only after registration is completed to reduce risk

In one sentence: Foreigners buying Chinese patents is fully permitted by law. The core process is "find target patents → sign contract → engage an agency to register → pay and maintain." 

The process is not complicated, but the professional steps cannot be skipped.