According to the provisions of Article 20 of the Patent Law of People's Republic of China (PRC), any unit or individual who applies for a patent for invention or utility model completed in China to a foreign country shall report to the patent administration department of the State Council in advance for confidentiality review. The procedures and time limit for confidentiality review shall be implemented in accordance with the provisions of the State Council.
Units or individuals in China may file an international patent application in accordance with the relevant international treaties to which People's Republic of China (PRC) is a party. The applicant who files an international application for a patent shall abide by the provisions of the preceding paragraph.
The patent administration department of the State Council shall handle international patent applications in accordance with the relevant international treaties to which People's Republic of China (PRC) is a party, this Law and the relevant provisions of the State Council. Where an invention or utility model that violates the provisions of the first paragraph of this Article is applied for a patent in a foreign country, the patent right shall not be granted in China.
The patent administrative department of the State Council and its Patent Reexamination Board shall handle patent applications and requests in accordance with the requirements of objectivity, fairness, accuracy and timeliness. The patent administrative department of the State Council shall publish patent information completely, accurately and regularly. Before the patent application is published or announced, the staff of the patent administration department in the State Council and relevant personnel shall be responsible for keeping the contents confidential.
Extended data:
1. Under any of the following circumstances, the patent administrative department of the State Council may grant a compulsory license to exploit the invention patent or utility model patent upon the application of a unit or individual with the implementation conditions:
(1) It has been three years since the patent right was granted and four years since the patent application was filed, and the patentee has not implemented or not fully implemented his patent;
(2) The patentee's act of exercising the patent right is recognized as a monopolistic act according to law, so as to eliminate or reduce the adverse effects of the act on competition.
2. In case of national emergency or special circumstances, or for the purpose of public interest, the administrative department for patent in the State Council may grant a compulsory license to exploit the patent for invention or utility model.
3. For the purpose of public health, the patent administration department of the State Council may grant compulsory license to manufacture and export patented drugs to countries or regions that meet the requirements of relevant international treaties to which People's Republic of China (PRC) is a party.
Baidu Encyclopedia-People's Republic of China (PRC) Patent Law