Common Mistakes Foreign Companies Make When Filing Patents in China – Want to protect your products and stop copycats in China? Getting your patent registration right is the first step. But too many foreign firms trip up—sometimes losing their rights entirely—because they overlook how different the Chinese patent system is compared to what they’re used to.
At TCI China, we’ve supported companies for over two decades in navigating local systems. We’ve seen firsthand where things go wrong—and more importantly, how to avoid those mistakes. In this post, I’ll walk you through the most common missteps companies make when registering a patent in China, and how to protect your innovation from day one.
1. Assuming Your Home Country Patent Covers China
This is by far the most common—and most dangerous—assumption.
Just because you’ve registered a patent in the UK, US, or EU doesn’t mean it’s valid in China. Patent protection is territorial. That means if you haven’t filed in China, you’ve got no legal grounds to stop a local manufacturer or distributor from copying your product—even if it’s 100% your design.
Tip: File your China patent registration before you enter the market or work with local suppliers.
2. Waiting Too Long to File – and Losing Your Patent Rights
Timing is everything. China operates under a “first-to-file” patent system, not first-to-invent. That means whoever files first owns the rights—full stop.
We’ve seen horror stories where foreign companies presented their product at a Chinese trade fair or uploaded their designs to Alibaba, only to find that a local competitor had filed a patent application for their own invention the following week.
Tip: File your patent in China before you go public with your product in any form—online or offline.
3. Choosing the Wrong Type of Patent
China offers three types of patents:
- Invention Patents – for new technical solutions
- Utility Model Patents – for structural improvements with shorter approval times
- Design Patents – for the look/shape of products
Many foreign firms wrongly assume that filing an invention patent is the only option—overlooking the faster and cheaper Utility Model or Design Patent routes.
Tip: Utility Model Patents are great for mechanical innovations, tools, and packaging. Consider filing both invention and utility patents where applicable.
4. Poor Translations That Undermine Legal Protection
Your patent application must be filed in Chinese, and this translation must be exact. Poor or vague translations can dramatically weaken the scope of your protection—and worse, leave loopholes others can exploit.
Tip: Use a professional translator who understands patent language. At TCI China, we partner with IP lawyers and engineers to ensure accurate translations.
5. Not Using a Local Patent Agent
Filing directly with CNIPA isn’t a DIY process. You need a licensed Chinese patent agent to handle the application. Using an unlicensed sourcing agent or intermediary often leads to delays or rejections.
Tip: Work with a certified agent—or a trusted partner like us—to manage and file your China patent registration correctly.
6. Forgetting to Register Patents with China Customs
Filing a patent is step one. If you want to stop infringing products from being exported out of China, you must register your patent with China Customs.
Tip: Customs registration is a powerful enforcement tool that lets you block unauthorised shipments before they hit your market.
7. Ignoring the Importance of Enforcement Strategy
Getting a patent is one thing. Enforcing it is another.
Too many firms file and forget. You’ll need to monitor for copycats and have a plan to respond—whether that’s a takedown request, cease-and-desist, or legal follow-up.
Tip: Partner with a team that can help you monitor online platforms and issue warnings when needed. It’s part of the long-term IP protection strategy we build for clients at TCI China.
Final Thoughts
China’s patent system offers strong protection—if you know how to use it properly. Avoiding these common mistakes can save you time, money, and a great deal of frustration.
If you’re ready to take the next step, check out our full guide on how to apply for a patent in China. It covers all the procedures, costs, and timelines you’ll need to know.
Need Help with China Patent Registration?
At TCI China, we support businesses of all sizes with filing, translating, and defending their patents in China. We make the process clear, compliant, and fully protected.
Contact us today to protect your ideas before someone else does.
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Or at the following numbers:
(Europe/ Rest of the World) +353 1 885 3919
(UK) +44.020.3287.2990
(North America) +1.518.290.6604
Or email me, Aidan Conaty