Legal basis: Article 8 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) The invention or utility model completed in China as mentioned in Article 20 of the Patent Law refers to the invention or utility model completed in China with substantial contents of the technical scheme. Any unit or individual that applies to a foreign country for a patent for invention or utility model completed in China shall request the patent administration department of the State Council to conduct a confidentiality review in one of the following ways:
(1) Where a person directly applies for a patent in a foreign country or submits an international application for a patent to a relevant foreign institution, he/she shall submit a request to the patent administration department of the State Council in advance, and explain his/her technical scheme in detail. (2) Where, after applying for a patent to the Patent Administration Department of the State Council, it intends to apply for a patent in a foreign country or submit an international application for a patent to a foreign institution, it shall make a request to the Patent Administration Department of the State Council before applying for a patent in a foreign country or submitting an international application for a patent to a foreign institution.