Foreign-related patent agency can undertake patent agent commission by China's units and individuals that apply for patents in foreign countries, or by foreigners, foreign enterprises and foreign organizations that apply for patents and deal with patent-related businesses in China, as well as agent commission by Taiwan's enterprises, institutions or other organizations that apply for patents and deal with patent-related businesses in China Mainland.

According to China's "Patent Law", related party should commission a foreign-related patent agency under the following two circumstances:

1. Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China applies for a patent, or has other patent matters to attend to, in China, it or he shall appoint a patent agency designated by the patent administration department under the State Council to act as his or its agent.

2. Where any Chinese entity or individual applies for a patent or has other patent matters to attend to in other countries, it or he may appoint a patent agency to act as its or his agent.