What are the regulations regarding national defense patent applications
1. Acceptance agency
The National Defense Patent Agency (hereinafter referred to as the National Defense Patent Agency) is responsible for accepting and examining national defense patent applications. If the National Defense Patent Agency examines and determines that it complies with the provisions of the "National Defense Patent Regulations", the National Defense Patent Agency shall The Intellectual Property Office grants national defense patent rights, rather than directly accepting and reviewing them from the State Intellectual Property Office.
The department in charge of science, technology and industry for national defense under the State Council and the General Armament Department of the Chinese People's Liberation Army (hereinafter referred to as the General Armament Department) are responsible for the national defense patent management of the local system and the military system respectively.
2. Application conditions
Apply for national defenseA patentable invention must be novel, creative and practical:
(1) Novelty means that the same invention has not been published in foreign publications, published in domestic publications, used in China or otherwise known to the public before the filing date. , and no one has applied for the same invention and obtained a national defense patent after the filing date.
(2) Creativity means that compared with the existing technology before the filing date, the invention has outstanding substantive features and significant progress.
(3) Practicality refers to the invention Able to be made or used and capable of producing a positive effect.
3. Required documents
When applying for a national defense patent, a request and instructions must be submitted to the national defense patent agency and its abstract, claims and other documents. Applicants for national defense patents shall write application documents in accordance with the requirements and unified format prescribed by the national defense patent agency, and submit them to the national defense patent agency in person or by confidential communication or other confidential means, and shall not mail them by ordinary mail.
The National Defense Patent Agency receives national defense patent application documents date shall be the application date; if the application documents are mailed by confidential communication, the postmark date shall be the application date.
4. Modification application
If the national defense patent agency, after reviewing the national defense patent application, deems that it does not comply with the provisions of the National Defense Patent Regulations, it shall notify the national defense patent applicant within the specified period. State your opinions or make modifications or corrections to your national defense patent application; if you fail to reply within the time limit without justifiable reasons, the national defense patent application will be deemed to have been withdrawn.
An applicant for a defense patent may file an application within 6 months from the date of application or when responding to the first notice of office action. The applicant took the initiative to propose amendments to its national defense patent application.
Modifications to the national defense patent application documents shall not exceed the scope recorded in the original description and claims. After the national defense patent applicant states its opinions or makes modifications and corrections to the national defense patent application, the national defense patent agency believes that it still does not comply with the provisions of the "National Defense Patent Regulations" will be rejected.
The above content is for This article provides a detailed introduction to the application regulations for national defense patents from the four aspects of the acceptance agency, application conditions, required documents, and modification applications. The inventor needs to apply for a national defense patent in accordance with these regulations in order to be legal and effective. If you If you have any other questions, please feel free to consult the professional lawyers on the Legal Savior Network.
