[Jian Xu] Can you file patents in other countries first if the invention is made in China?

For inventions made in China, the applicant needs to obtain a foreign filing license from the China Patent Office (SIPO) first if the invention will be filed first in other countries.

Generally, the SIPO will issue the foreign filing license within about 2-3 weeks after the request is filed. In case the license or any other notification is not available within 4 months after the request is filed, the applicant may file the invention in other countries.

To apply for foreign filing clearance, many clients are concerned with how much detail or description it shall provide. Usually, there is no need to prepare the description in the way as we draft the application documents, but the applicant shall ensure the technical solution will be clearly discussed in the description. It is in the level of detail similar to an "embodiment" in the patent specification.

In the normal prosecution, SIPO will not be able to check or find out whether the invention is made in China. This issue is left to subsequent corresponding Chinese patent invalidation proceeding, if any. If a Chinese patent is granted for this invention, then a third party can invalidate this Chinese patent if it can prove that the invention was made in China and the patent application violates the conditions.