Article 1 These Regulations are formulated in accordance with the relevant provisions of the Patent Law of People's Republic of China (PRC) in order to protect the patent right of inventions involving national defense, keep national defense secrets, promote the popularization and application of inventions, promote the development of national defense science and technology, and meet the needs of national defense modernization.
Article 2 National defense patents refer to invention patents that involve national defense interests, have potential impact on national defense construction and need to be kept confidential.
Article 3 National defense patent agencies (hereinafter referred to as national defense patent agencies) are responsible for accepting and examining national defense patent applications. If the national defense patent agency considers that it complies with the provisions of these Regulations, the patent administration department of the State Council shall grant the national defense patent right.
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.
The transfer of a national defense patent or the right to apply for a national defense patent by a unit owned by the whole people must be approved by the superior competent department of the unit; Units and individuals belonging to collective ownership must be approved by the National Defense Patent Office.
To transfer the right to apply for a national defense patent or a national defense patent to a Chinese-foreign joint venture or a Chinese-foreign contractual joint venture, an application for transfer must be submitted to the National Defense Patent Office, which shall report it to the Commission of Science, Technology and Industry for National Defense for approval.
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 To apply for a national defense patent, a request, specification, abstract, patent claim and other documents shall be submitted 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.
Article 13 An invention-creation applying for a national defense patent shall not lose its novelty in any of the following circumstances within six months before the date of application: (1) It was exhibited for the first time at a domestic exhibition held by the relevant departments of the State Council and the China People's Liberation Army; (2) It was first published at a domestic academic conference or technical conference held by the relevant departments of the People's Liberation Army in the State Council and China; (3) Others disclose the contents of national defense patents without the consent of the applicant. Under any of the circumstances listed in the preceding paragraph, the applicant for a national defense patent shall declare it at the time of application and provide relevant supporting documents within 2 months from the date of application.
Article 14. After examining the application for a national defense patent, the national defense patent institution shall notify the applicant for a national defense patent to state his opinions within a specified time limit or amend or make corrections to his application for a national defense patent. If no reply is made within the time limit without justifiable reasons, the national defense patent application shall be deemed to have been withdrawn. An applicant for a national defense patent may, within 6 months from the date of application or in response to the first notice of examination opinions, voluntarily propose amendments to his application for a national defense patent. The applicant shall not modify the national defense patent application documents beyond the scope recorded in the original specification and claims.
Article 15 After the applicant for a national defense patent states his opinions or makes amendments or corrections to the national defense patent application, the national defense patent institution considers that it still does not conform to the provisions of these Regulations, and shall reject it.
Article 16 A national defense patent reexamination board shall be established by the national defense patent institution to be responsible for the reexamination and invalidation of national defense patents.
Article 17 If an applicant for a national defense patent refuses to accept the decision of the national defense patent institution to reject the application, he may request a reexamination to the National Defense Patent Reexamination Board within 3 months from the date of receiving the notice. After reexamining and making a decision, the National Defense Patent Reexamination Board shall notify the applicant for a national defense patent.
Article 18 If there is no reason for rejecting an application for a national defense patent after review, or if it should not be rejected after review, the patent administration department in the State Council shall make a decision to grant a national defense patent, entrust a national defense patent institution to issue a national defense patent certificate, and announce the application date, authorization date and patent number of a national defense patent in the patent bulletin published by the patent administration department in the State Council. National defense patent institutions shall register the relevant matters of national defense patents and publish them in the internal bulletin of national defense patents.
If the applicant refuses to accept the decision of the National Defense Patent Reexamination Board to reject the reexamination request, he may bring a lawsuit to the people's court within three months from the date of receiving the notice.
Article 19 Any unit or individual who thinks that the grant of the national defense patent right is not in conformity with the provisions of these Regulations may request the National Defense Patent Reexamination Board to declare the national defense patent right invalid.
Article 20 After examining the request for invalidation of the national defense patent right and making a decision, the National Defense Patent Reexamination Board shall notify the requester and the national defense patentee. The decision to declare a national defense patent invalid shall be registered by the national defense patent institution and published in the internal bulletin of the national defense patent, and the patent administration department of the State Council shall publish it in the patent bulletin.
Chapter III Implementation of National Defense Patents
Article 21 The national defense patent institution shall, within 3 months from the date of granting the national defense patent, send a copy of the relevant documents of the national defense patent to the relevant competent department of the State Council or the relevant competent department of the China People's Liberation Army. The department that receives the copy of the document shall put forward written opinions on the implementation of the national defense patent within 4 months and notify the national defense patent institution.
Twenty-second the State Council and China People's Liberation Army departments may allow their designated units to implement national defense patents in their own systems or departments; Need to specify the implementation of national defense patents outside the system or the department, it shall submit a written application to the national defense patent institution, which shall, in accordance with the division of responsibilities stipulated in the second paragraph of Article 3 of these regulations, report to the competent department of science, technology and industry for national defense of the State Council and the General Armament Department for approval. The national defense patent institution shall register the designated national defense patents and publish them in the internal bulletin of national defense patents.
Article 23 A unit that exploits another person's national defense patent shall conclude a written exploitation contract with the national defense patentee, pay the fee to the national defense patentee in accordance with the provisions of Article 25 of these Regulations, and report it to the national defense patent institution for the record. The implementing entity shall not allow any entity other than those stipulated in the contract to exploit the national defense patent. Article 24 Where a national defense patentee licenses a foreign unit or individual to exploit its national defense patent, he shall submit a written application to the national defense patent institution on the premise of ensuring that state secrets will not be leaked and that national defense and army building will not be affected. The national defense patent institution will conduct a preliminary examination and submit it to the competent department of science and technology. The Ministry of Science, Technology, Industry and General Armament for National Defense shall timely examine and approve in accordance with the division of responsibilities 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. Article 25. Anyone who exploits another person's national defense patent shall pay the patentee a fee for the use of the national defense patent. The implementation of national defense patents generated by scientific research activities with national defense research funds or other national defense funds directly invested by the state can only pay the necessary national defense patent implementation fees if it meets the purpose of using the national defense patent production funds; However, unless otherwise agreed in the scientific research contract or scientific research task book. The fee for the implementation of national defense patents mentioned in the preceding paragraph refers to the cost of providing technical information, training personnel and further developing technology. Article 26 The amount of the implementation fee or royalty for the designated implementation of a national defense patent shall be determined through consultation between the national defense patentee and the implementing entity. If no agreement can be reached, it shall be decided by the national defense patent agency. Article 27 The State shall compensate the patentee of national defense. After issuing the national defense patent certificate, the national defense patent institution shall pay the national defense patent compensation fee to the national defense patentee, and the specific amount shall be determined by the national defense patent institution. For a service invention, the national defense patentee shall pay the inventor no less than 50% of the compensation fee.
Chapter IV Administration and Protection of National Defense Patents
Article 28 The internal bulletin of the national defense patent published by the national defense patent institution is a state secret document, and the scope of its knowledge shall be determined by the national defense patent institution. The Internal Bulletin of National Defense Patent publishes the following contents: (1) Description recorded in the application for national defense patent; (2) National defense patent claim; (3) an abstract of the description of the invention; (4) Grant of national defense patent right; (5) Termination of the national defense patent right; (6) invalidation of the national defense patent right; (seven) the right to apply for a national defense patent and the transfer of the national defense patent right; (8) Designation and implementation of national defense patents; (nine) the national defense patent licensing contract for the record; (ten) changes in the classification and decryption of national defense patents; (eleven) the extension of the period of confidentiality of national defense patents; (12) the change of the name or address of the national defense patentee; (13) Other related matters. Article 29 After the national defense patent right is granted, in any of the following circumstances, with the consent of the national defense patent institution, the specification of the national defense patent can be consulted: (1) a request for invalidation of the national defense patent right is made; (two) the need to implement the national defense patent; (three) the occurrence of national defense patent disputes; (4) It is necessary for national defense scientific research. Visitors have the obligation to keep the state secrets they know in the consultation process confidential. Article 30 The relevant departments in charge of the State Council, the People's Liberation Army of China and the administrative departments of science, technology and industry for national defense of all provinces, autonomous regions and municipalities directly under the Central Government shall designate institutions for the administration of national defense patents and notify them. The national defense patent administration institution is guided by the national defense patent institution in its business. Military units that undertake national defense scientific research and production tasks and participate in military orders, enterprises that perform the responsibilities of investors in the State Council and institutions directly under the State Council shall designate corresponding institutions to manage the national defense patent work of their own units. Article 31 National defense patent institutions may mediate the following national defense patent disputes at the request of the parties: (1) disputes over the right to apply for national defense patents and disputes over the ownership of national defense patents; (2) Disputes over the qualification of national defense patent inventors; (3) Disputes over rewards and remuneration of service invention inventors; (4) Disputes over royalties and implementation fees for national defense patents. Article 32 Unless otherwise provided in the Patent Law of People's Republic of China (PRC) and these Regulations, if a national defense patent is exploited without the permission of the national defense patentee, that is, a national defense patent is infringed and a dispute arises, the parties concerned shall settle it through consultation; Unwilling to negotiate or failing to negotiate, the national defense patentee or interested party may bring a lawsuit to the people's court or request the national defense patent institution to handle it. Thirty-third in violation of the provisions of this Ordinance, the disclosure of state secrets, in accordance with the "People's Republic of China (PRC) State Secrets Law" and the relevant provisions of the state. Chapter V Supplementary Provisions
Article 34 When applying for a national defense patent and going through other formalities with a national defense patent institution, fees shall be paid in accordance with regulations. Article 35 The relevant provisions of the Patent Law of People's Republic of China (PRC) and the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) shall apply to national defense patents, but if there are special provisions in these Regulations, those provisions shall prevail. Article 36 These Regulations shall come into force on June 1 65438+1October1day, 2004. The Regulations on National Defense Patents approved by the State Council and the Central Military Commission1July 30, 990 shall be abolished at the same time.