1. What to do if no reason for rejection of a confidential patent is found after review
1 . If a patent application involves national defense interests and needs to be kept confidential, the application shall be accepted and reviewed by the national defense patent agency. If no reason for rejection is found upon review by the national defense patent agency, the patent administration department of the State Council shall make a decision to grant the national defense patent right.
2. Legal basis: "Implementing Rules for the Patent Law of the People's Republic of China"
Seventh If a patent application involves national defense interests that need to be kept secret, it shall be accepted and reviewed by the national defense patent agency; if a patent application accepted by the patent administration department of the State Council involves national defense interests that need to be kept confidential, it shall be transferred to the national defense patent agency for review in a timely manner. If no reason for rejection is found after examination by the national defense patent agency, the patent administration department of the State Council shall make a decision to grant the national defense patent right.
If the patent administration department of the State Council believes that the invention or utility model patent application it accepts involves national security or major interests other than national defense interests and needs to be kept confidential, it shall promptly make a confidentiality decision in accordance with the confidentiality requirements. Decision on processing of patent application and notified to applicant. The special procedures for the examination and reexamination of confidential patent applications and the invalidation of confidential patent rights shall be prescribed by the patent administration department of the State Council.
2. How to apply for a confidential patent
(1) Patent applications involving national defense interests that need to be kept confidential
will be reviewed by the National Defense Patent Office. If no reason for rejection is found, the Patent Office shall make a decision to grant the national defense patent based on the review opinions of the National Defense Patent Office, and entrust the National Defense Patent Office to issue a national defense patent certificate. At the same time, the patent number, application date and authorization of the national defense patent shall be announced in the Patent Gazette. Announcement Day.
If the National Defense Patent Reexamination Board makes a decision to declare the national defense patent right invalid, the Patent Office shall announce the patent number, authorization announcement date, invalidation decision number and invalidation decision date in the Patent Gazette.
(2) Invention or utility model patent applications involving national security or major interests other than national defense interests that need to be kept confidential
The patent office shall conduct examination and management according to the following procedures. The examiner shall mark the patent application files determined to need confidentiality as confidential and manage them confidentially before making a declassification decision on the patent application. Preliminary examination and substance of confidential patent applications The examinations are all conducted by examiners designated by the Patent Office.
For invention patent applications, preliminary examination and substantive examination are conducted according to the same standards as general invention patent applications. Preliminary examination A confidential patent application that has passed the examination will not be published. If the substantive examination request meets the regulations, it will directly enter the substantive examination procedure. If no reason for rejection is found after the substantive examination, a decision will be made to grant the confidential invention patent right, and a notification of granting the invention patent right will be issued. Notice of registration procedures.
For utility model patent applications, the preliminary examination is conducted on the same basis as general utility model patent applications. No reason for rejection is found after the preliminary examination , make a decision to grant a confidential utility model patent right, and issue a notice of granting a utility model patent right and a notice of registration procedures.
In accordance with the "Patent Law Implementation According to the provisions of the Detailed Rules, if a patent application involves national defense interests and needs to be kept confidential, it shall be accepted and examined by the National Defense Patent Agency. If no reason for rejection is found after examination by the National Defense Patent Agency, the Patent Administration Department of the State Council shall make a decision to grant a national defense patent. Hope the above content It can be helpful to you. If you have other questions, you can click the button below to consult, or go to the Legal Savior website to consult a professional lawyer.
