Is it necessary to conduct a confidentiality review before applying for a foreign patent?

Need. Before applying to a foreign country for a patent for invention or utility model completed in China or submitting an international patent application to a relevant foreign institution, any unit or individual shall submit to the Patent Office a request to apply for patent security examination in a foreign country. No unit or individual may apply for a patent in a foreign country for the content of an invention or utility model that is determined to involve national security or vital interests after confidentiality review.

There are three ways to request confidentiality review before applying for a patent abroad:

(1) Put forward a separate confidentiality review request in the form of technical proposal. Where a request is made in this way, the applicant shall submit a request for patent confidentiality review and a description of the technical scheme to a foreign country, and submit the document in writing to the acceptance window of the Patent Office or to the acceptance office of the China National Intellectual Property Administration Patent Office.

(2) Request confidentiality review at the same time or after applying for China patent. Where a request is made in this way, the applicant shall submit a request for patent confidentiality examination in a foreign country.

(3) Where an international application for a patent is submitted to the Patent Office, it shall be deemed that a request for confidentiality review has been made at the same time, and it is unnecessary to separately submit a request for confidentiality review of a patent applied to a foreign country.