The competent department of science, technology and industry for national defense in the State Council and the General Armament Department of China People's Liberation Army (hereinafter referred to as the General Armament Department) are responsible for the administration of national defense patents in local systems and military systems respectively. Article 4 An invention-creation that involves national defense interests or has a potential impact on national defense construction and is determined to be a top-secret state secret shall not apply for a national defense patent.
The application for national defense patents and the confidentiality of national defense patents shall be managed in accordance with the Law of People's Republic of China (PRC) on Guarding State Secrets and the relevant provisions of the state before decryption. Article 5 The term of protection of the national defense patent right is 20 years, counting from the date of application. Article 6. Where the classification of a national defense patent needs to be changed or decrypted during the protection period, or the confidentiality period needs to be extended after the termination of the national defense patent, the national defense patent institution may make a decision to change the classification, decrypt or extend the confidentiality period; However, if it has been determined as a state secret before applying for a national defense patent, it shall obtain the consent of the organ, unit or its superior organ that originally determined the classification and duration of confidentiality.
The unit or individual that has been granted the national defense patent right (hereinafter referred to as the national defense patentee) may submit a written application to the national defense patent institution to change the classification, decrypt or extend the confidentiality period; If it belongs to a state-owned enterprise, institution or army, it shall be accompanied by the opinions of the organ, unit or its superior organ that originally determined the classification and duration of confidentiality.
The national defense patent institution shall announce the decision to change the classification, decrypt or extend the confidentiality period in the internal bulletin of the national defense patent published by the institution, and notify the national defense patentee, and at the same time submit the decrypted national defense patent to the patent administration department of the State Council for conversion into ordinary patent. The patent administrative department of the State Council shall publish the decrypted national defense patent to the public in a timely manner. Article 7 The right to apply for a national defense patent and the national defense patent right may be transferred to units and individuals within the territory of China upon approval.
The transfer of the right to apply for a national defense patent or the national defense patent right shall ensure that the state secrets will not be leaked and the national defense and army building will not be affected, and a written application shall be submitted to the national defense patent institution, which shall conduct a preliminary examination and submit it to the competent department of science and technology, and the Ministry of Science, Technology, Industry and General Armament for National Defense shall timely examine and approve it according to the division of responsibilities as stipulated in the second paragraph of Article 3 of these regulations.
The competent department of science, technology and industry for national defense of the State Council and the General Armament Department shall make a decision of approval or disapproval within 30 days from the date when the national defense patent institution accepts the application; If it decides not to approve, it shall notify the applicant in writing and explain the reasons.
Where the right to apply for a national defense patent or a national defense patent is approved for transfer, the parties concerned shall conclude a written contract and register it with the national defense patent institution, which shall publish it in the internal bulletin of the national defense patent. The right to apply for a national defense patent or the right to transfer a national defense patent shall take effect from the date of registration. Article 8 It is forbidden to transfer the right to apply for a national defense patent and the national defense patent right to foreign units and individuals and foreigners and foreign institutions in China. Article 9 Where it is necessary to entrust a patent agency to apply for a national defense patent or handle other national defense patent affairs, it shall entrust a patent agency designated by the national defense patent agency to handle it. Patent agencies and their staff have the obligation to keep confidential the state secrets they know in the process of handling national defense patent applications and other national defense patent affairs. Chapter II Application, Examination and Authorization of National Defense Patent Article 10 Where an applicant applies for a national defense patent, he shall submit a request, a specification and its abstract, a patent claim and other documents to the national defense patent institution.
The applicant for a national defense patent shall write the application documents in accordance with the requirements and uniform format stipulated by the national defense patent institution, and send them to the national defense patent institution in person or by confidential means such as confidential communication, and shall not send them by ordinary mail.
The date when the national defense patent institution receives the national defense patent application documents is the application date; If the application documents are sent by confidential communication, the postmark date shall be the application date. Eleventh national defense patent agencies regularly send people to the patent administration department of the State Council to check the general patent application, and if it is found that it involves national defense interests or has potential impact on national defense construction and needs to be kept confidential, it will be converted into a national defense patent application with the consent of the patent administration department of the State Council, and the applicant will be notified.
After an ordinary patent application is converted into a national defense patent application, the national defense patent institution shall examine the national defense patent application in accordance with the relevant provisions of these Regulations. Article 12 An invention granted a patent right for national defense shall be novel, creative and practical.
Novelty means that before the filing date, no identical invention was published in foreign publications, published in domestic publications, used in China or known to the public in other ways, and after the filing date, no identical invention was applied by others and obtained the national defense patent right.
Creativity means that the invention has outstanding substantive characteristics and remarkable progress compared with the prior art before the filing date.
Practicality means that the invention can be manufactured or used and can produce positive effects.