How to deal with applying for a patent in a foreign country and leaking state secrets

According to the provisions of the Patent Law, if a party applies for a patent in a foreign country and leaks state secrets, he or she shall be subject to administrative sanctions by his or her unit or the superior authority; if a crime is constituted, criminal liability shall be pursued in accordance with the law. Regarding how to deal with applying for Patents in foreign countries and leaking state secrets, the editor of Legal Savior Network will give you detailed answers below.

1. How to deal with applying for a patent in a foreign country and leaking state secrets

1 If a party applies for a patent in a foreign country and leaks state secrets, he or she shall be subject to administrative sanctions by the unit where he or she belongs or the superior authority; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

2. Legal basis: "Patent Law of the People's Republic of China"

Seventy-eighth Article 19 Anyone who violates the provisions of Article 19 of this Law by applying for a patent in a foreign country or leaking state secrets shall be subject to administrative sanctions by his or her unit or the superior authority; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

2. Which patents require confidentiality review

The "Patent Law of the People's Republic of China" stipulates: "If the invention or creation for which a patent is applied for involves national security or major interests and needs to be kept confidential, it shall be handled in accordance with relevant national regulations." Refers to inventions If a patent application involves national defense-related national secrets that need to be kept, the authority that accepts the patent is the National Defense Patent Agency; if the patent administrative agency of the State Council accepts an invention patent application that involves national defense-related national secrets that need to be kept confidential, it should be transferred to the national defense patent agency for review, and the State Council will The patent administration department makes decisions based on the review opinions of the national defense patent agency.

After accepting an invention patent application, the patent administration department of the State Council shall forward the application that requires confidentiality review to the relevant competent department of the State Council for review. The relevant competent department shall, upon receipt of the application, The patent administration department of the State Council will notify the patent administration department of the State Council of the examination results within four months from the date of application. If confidentiality is required, the patent administration department of the State Council will handle the application as a confidential patent and notify the applicant.

According to the provisions of the Patent Law, if a party applies for a patent in a foreign country and leaks state secrets, he or she shall be subject to administrative sanctions by the unit where he or she belongs or the superior authority; if it constitutes a crime, , pursue criminal responsibility according to law. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.