Foreign Filing License (FFL) for a invention made in China and Taiwan

(Image Source: Shawn Hoke | CC BY-NC 2.0 )
 
 

China Patent Act requires foreign filing license before an applicant files an invention abroad according to Article 20 of China Patent Act while Taiwan Patent Act does not.
 

China Practices:
Similarly to 37 C.F.R. 5.11 of USA, China Patent Act requires that an applicant shall get the FFL if the application would like to file a patent application abroad to protect an invention made in China, in accordance with Article 20 of China Patent Act.
There are several ways to get the FFL from SIPO according to Article 8 of Rules for the implementation of China Patent Law. The applicant may consider one of the ways.
(1) The applicant should file a request for the FFL with a description of the invention made in China if the applicant would like to file an application for patent directly in a foreign country or filing an international patent application directly with a relevant foreign organization;
(2) The applicant should file a request for the FFL with or after filing of the application for patent with SIPO; and
(3) Filing a PCT application is deemed that a request for FFL is filed simultaneously.

Next, 37 C.F.R. 5.11(c) stipulates exporting technical data for purposes related to preparation, filing or possible filing and prosecution of a foreign application, without FFL might violate the Law. On the Contrary, China Patent Act does not include similar requirements.