Interpretation of this article is about the legal responsibility of disclosing state secrets by applying for patents in foreign countries in violation of this law.
Article 4 of the Law stipulates that an invention-creation for which a patent is applied shall be handled in accordance with the relevant provisions of the state if it involves national security or vital interests and needs to be kept confidential. Article 20 of this Law stipulates that if a unit or individual in China applies for a patent or an international patent for an invention-creation completed in China, it shall first apply to the patent administration department in the State Council, entrust a patent agency designated by it, and abide by the provisions of Article 4 of this Law. According to the above provisions, China units or individuals applying for patents in foreign countries must abide by the provisions on keeping state secrets, and those who fail to comply with the above provisions must bear corresponding legal responsibilities according to law.
2. According to the relevant provisions of the Law of People's Republic of China (PRC) on Guarding State Secrets, state secrets are matters related to national security and interests that are determined in accordance with legal procedures and only known to a certain range of people in a certain period of time. According to the provisions of this article, anyone who, in violation of the provisions of Article 20 of this law, applies for a patent in a foreign country and divulges state secrets shall be given administrative sanctions by his unit or the competent authority at a higher level. According to the "Measures for the Implementation of the Law on Guarding State Secrets in People's Republic of China (PRC)", if the disclosure of state secrets is not serious enough for criminal punishment, the relevant organs and units shall, in accordance with the regulations, give administrative sanctions according to the classification of the disclosure and the specific circumstances of the act; Among them, in any of the following circumstances, a heavier administrative sanction shall be imposed: leaking state secrets and causing harmful consequences; Divulging state secrets for personal gain; The disclosure of state secrets is not harmful, but it is frequent or large in number; Use one's power to force others to violate the confidentiality provisions. The illegal gains from divulging state secrets shall be confiscated and turned over to the state treasury.
3. Anyone who, in accordance with the provisions of this Article, applies for a patent in a foreign country in violation of the provisions of Article 20 of this Law, which constitutes a crime, shall be investigated for criminal responsibility according to law. According to Article 398 of the Criminal Law: "Any functionary of a state organ who intentionally or negligently divulges state secrets in violation of the provisions of the Law on Guarding State Secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. " "Non-state employees who commit the crimes mentioned in the preceding paragraph shall be punished as appropriate in accordance with the provisions of the preceding paragraph."