tag:blogger.com,1999:blog-5932619659532183989.post8224554925095306230..comments2023-11-02T17:42:01.025+08:00Comments on Patent Agent in Hong Kong: Be a local or foreigner to apply patent in China?Patent Agenthttp://www.blogger.com/profile/03739782951917381940noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-5932619659532183989.post-77727098772485088632010-02-08T17:39:28.558+08:002010-02-08T17:39:28.558+08:00Thank you for your comments which are very helpful...Thank you for your comments which are very helpful.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5932619659532183989.post-39237460451071133402010-02-05T18:48:32.157+08:002010-02-05T18:48:32.157+08:00Anonymous: The short answer is, the point describe...Anonymous: The short answer is, the point described in the 3-years old blog is basically true as of now.<br /><br />The long answer: If you concern is tax related, on future assignment, license or transfer of the right of the patent, then it is much better to have a company incorporated outside China. But you need to consider this, you establish a company today, apply for patent, and then for the first few years, you may be maintaining a company without too much business, but still you have to pay government fees, etc. So it is better for you fully understand the annual running cost for maintaining the company before you can actually sell the right of the patent.<br /><br />In addition, if you apply patent in multiple countries, and if you want to save cost by having the same company to be the applicant of different patent applications, then definitely you should select a company outside China to be the applicant.<br /><br />Just to remind you, when I said company incorporate outside China, it can be incorporated in Hong Kong.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5932619659532183989.post-10823714418048777522010-02-05T17:40:32.127+08:002010-02-05T17:40:32.127+08:00The article is more than 3 years old and hence, I ...The article is more than 3 years old and hence, I wish to check if it still reflects the current position.<br />I'm going to apply for a patent in the Mainland China and once granted, I intend to assign and/or license the patent rights outside the Mainland China. The issue is whether or not it is more advantageous to set up a foreign company to apply for and own the patent, instead of setting up a local Chinese company to apply and own the patent. This view is taken on the assumption that the PRC tax and corporate regulatory laws do NOT apply extra-territorially to Chinese patent assignment/ licensing between foreign legal entities outside the Mainland China.<br />I would appreciate a confirmation of the above understanding.Thank you.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5932619659532183989.post-40567803200960530882010-02-05T15:27:29.911+08:002010-02-05T15:27:29.911+08:00Anonymous: Thank you for your comment. We would ap...Anonymous: Thank you for your comment. We would appreciate if you can tell us what specific issues you have on hand and may be we can provide some general comment on the issue.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5932619659532183989.post-70813414988676440562010-02-05T09:49:05.212+08:002010-02-05T09:49:05.212+08:00Could the article writer or any patent attorney in...Could the article writer or any patent attorney in the Mainland China please elaborate ASAP on the significant advantages given to a foreign corporate patent owner (in comparison to a local Chinese corporate patent owner)? Thank you.Anonymousnoreply@blogger.com