The patentee only has patents in China. Can the patentee assert its China patent right against the products only sold to overseas markets outside China? The answer is Yes. Right owners can seek patent protection on OEM made-in-China products exported outside China and only sold in overseas markets, as long as the manufacturing or stocking happens in China.

Generally speaking, the patent right granted and protected by a country is only valid within the scope of that country, and has no legal effect in other countries. If the patentee wishes to enjoy the patent right in another country, he must file a separate patent application according to the law of the other country.

However, regarding the manufacturing activity, according to the Chinese Patent Law, wherever the infringed products are sold, as long as they were manufactured in mainland China, namely the manufacturing activity happens in China by use of the patents without authorization from the patentee, the manufacturing activity constitutes patent infringement.

Though China Patent Law cannot regulate selling or offering for sale activity performed overseas, it can regulate the stocking, delivering and shipping activities if they happen in China. That is, if the inventory or storage location of the patent accused product is in China, the China Patent Law can regulate such actions. For example, Amazon overseas purchase has three logistics modes: Amazon FBA, third-party overseas warehouse and self-delivered mode. If the Chinese seller chooses Amazon FBA and third-party overseas warehouse for delivery, then the delivery origin is generally outside China. But if the Chinese seller chooses self-delivered mode, the shipping origin is within China, and the selling behavior is liable for patent infringement.