By
China IP Gateway/ On 01 Dec, 2025 Just yesterday, I got a message from an independent inventor with a clever sleep-tech idea. He wanted to know: Would Chinese sellers or manufacturers even be interested in something like this?
Short answer? Yes ā but only if it's the right kind of innovation.
Hereās what top Chinese sellers (the kind dominating Amazon, Walmart, TikTok Shop) look for today:
ā
Unique, hard-to-copy features (think structural patents, not just design)
ā
Clear product-market fit (solves a real problem or trend)
ā
Preferably, some proof of traction (crowdfunding, early user base, etc.)
From smart home to kidsā products, sleep tech to wearables ā anything with functional improvement and IP protection can spark real interest.
My advice?
Research 3-5 target sellers in your product category.
Reach out with a tailored, value-first message (they care about profits & uniqueness).
Protect your idea before sharing ā especially in Chinaās first-to-file system.
Be open to small trial orders to build trust.
Think partnerships, not pitches.
And yes, IP matters ā not to block people out, but to give your future partners confidence.
IP Protection and Risk Prevention: The Foundation for Sustainable Cooperation
Entering China can be incredibly rewarding, but you must play defense on your intellectual property from day one. Here are five practical tips I always give to overseas founders to build secure partnerships in China:
File Chinese patents early ā ideally before you make a big market entry or even before serious talks. China is a strict first-to-file system for patents. This means if you havenāt filed in China, someone else (even an unscrupulous manufacturer or a competitor) could file a patent for your invention in China and legally block you. Iāve seen a case where a European startupās trusted factory quietly filed for a Chinese patent on the startupās product ā simply because the startup hadnāt filed first. Donāt let that happen to you. Even if you hold U.S. or European patents, remember that patents only protect you in the countries where you filed. So if China is on your horizon, secure at least a provisional application or a utility model patent in China as early as possible. Itās an investment that can save your business.
Use NDAs and clear IP clauses in all agreements. Before sharing detailed designs or code, get a Non-Disclosure Agreement in place. Itās not just a formality ā it sets the tone that you take your IP seriously. In any collaboration or distribution contracts, include explicit clauses about who owns existing IP and any jointly developed IP. For example, clarify that any technology or design you share remains your property, and any new improvements belong to you unless otherwise agreed. Yes, legal paperwork can feel awkward when youāre excited about a partnership, but any reputable Chinese partner will understand and respect these protections. If a company resists signing an NDA or keeps āforgettingā to discuss IP, thatās a red flag. (Side note: for extra protection, consider using an NNN agreement ā Non-disclosure, Non-use, Non-circumvention ā which is like NDA 2.0 in China.)
Vet partners carefully ā and avoid those who evade IP discussions. Do your homework on potential partners or distributors. Are they established? Do they have a history of respecting IP (e.g., no lawsuits or scandals for infringement)? If youāre talking to a manufacturer, do they also make their own products that might compete with yours? One practical tip: early in discussions, bring up IP protection and see how they react. The good ones will have no issue signing agreements and talking about how to protect your rights. If instead you hear, āOh, you donāt need to worry about that hereā or they get evasive, walk away. There are trustworthy, innovative Chinese companies out there ā find the ones who truly want a win-win cooperation, not just to ālearnā from your tech.
Share information in stages ā donāt hand over your entire secret sauce at once. You should never send complete product blueprints or source code on day one. A smarter approach is to share just enough info for that stage of the partnership. For instance, in initial talks or prototype development, you might share design sketches or a demo unit, but not the full engineering files. If a factory needs to quote costs, maybe give them simplified drawings or focus on one part of the product. As the relationship progresses and once you have stronger legal agreements in place, you can gradually share more. This way, if things donāt work out or if you catch a whiff of untrustworthy behavior, you havenāt given away the crown jewels. Itās like dating ā build trust over time before you fully commit.
earn from the fidget spinnerās cautionary tale ā protect your patents and donāt let them lapse. Remember the fidget spinner craze? The inventor of the original fidget spinner, Catherine Hettinger, actually did patent her idea ā but she surrendered her patent in 2005 because she couldnāt afford the $400 renewal feetheguardian.com.
Article content
A decade later, when fidget spinners became a global toy phenomenon, millions were sold⦠and she didnāt earn a cent from it. Her patent had lapsed, so she had no legal claim while others cashed in. Imagine how that felt! The lesson: secure your IP and keep it active. Donāt let a few hundred dollars or a missed deadline deprive you of a potential windfall. This applies to filing in the right markets too. If you believe China could be a big market (or source of competition) for your product, file the patent in China before someone else does. You donāt want to be the person saying āif only I had protected my idea, things would be different.ā
If youāre an overseas founder or product innovator wondering how to build real, secure partnerships in China, feel free to reach out to me. Iām always happy to share what Iāve learned and help fellow innovators succeed. You can email me at linpaoqin@openpto.com ā or just send me a message here. I love hearing about new ideas, and I believe with the right approach, you can make your China venture a success story. Letās connect and make it happen!