1. How to review a foreign patent application for an invention or utility model completed in China
1. Any unit or individual that applies for a patent in a foreign country for an invention or utility model completed in China shall request the patent administration department of the State Council to conduct a confidentiality review in one of the following ways:
(1) If you directly apply for a patent in a foreign country or submit an international patent application to a relevant foreign institution, you must submit a request to the patent administration department of the State Council in advance and explain your technical plan in detail;
(2) After applying for a patent to the Patent Administration Department of the State Council, if you plan to apply for a patent in a foreign country or submit an international application for a patent to a relevant foreign institution, you must first apply for a patent in a foreign country or submit a patent application to a relevant foreign institution. Make a request to the Patent Administration Department of the State Council before filing an international application.
2. Legal basis: Article 8 of the "Implementing Rules for the Patent Law of the People's Republic of China"
2. How to submit and confirm patent confidentiality request
1. Submission of confidentiality request
(1) Application for invention patent submitted by the applicant
If the applicant believes that his invention involves important national interests and needs to be kept confidential, he should make a request for confidentiality in the request while filing the patent application, or after filing the patent application and before the Patent Office is ready to publish the application (i.e. (within fifteen months from the filing date or priority date).
(2) Proposed by the Patent Office
When classifying, the examiner will select invention patent applications whose invention content may involve national security or major national interests.
2. Determination of confidentiality
(1) If the content of the invention involves national security, it shall be transferred to the National Defense Patent Office for review and approval in accordance with the "Implementing Rules of the Patent Law" and the applicant shall be notified.
(2) If confidentiality is obviously not required, the examiner shall issue a notice of non-confidentiality to the applicant. After the applicant states his opinion, the confidentiality examiner still believes that confidentiality is not necessary If confidentiality is required, a decision not to keep confidentiality should be issued.
(3) Unless there is obviously no need for confidentiality, the confidentiality examiner should send a copy of the application document (including the request, description, drawings of the description, claims and abstract) shall be submitted to the relevant competent authorities of the State Council for review; the relevant competent authorities shall notify the patent of the review results within four months from the date of receipt of copies of the application documents. The patent office shall notify the applicant of the examination results in a timely manner. If the relevant competent authorities under the State Council do not respond within the prescribed time, the confidentiality examiner shall issue a decision not to maintain confidentiality and notify the applicant that the application will be processed as a general patent application.
According to the provisions of the "Patent Law Implementing Rules", any unit or individual that applies for a patent in a foreign country for an invention or utility model completed in China must request the Patent Administration Department of the State Council to proceed. Confidential review. 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 Network to consult a professional lawyer.
