National defense patent refers to an invention patent that involves national defense interests, has a potential role in national defense construction and needs to be kept confidential. The National Defense Intellectual Property Office of the General Armament Department is responsible for accepting and examining national defense patent applications. To meet the requirements of the National Defense Patent Regulations, China National Intellectual Property Administration granted the national defense patent right and entrusted the National Defense Intellectual Property Office of the General Armament Department to issue the national defense patent certificate. The term of protection of national defense patents is the same as that of ordinary invention patents, both of which are 20 years, counting from the date of application.
Main differences between national defense patent and ordinary patent;
First, the accepting and reviewing institutions are different. General patents are accepted and examined by China National Intellectual Property Administration, and national defense patents are accepted and examined by the National Defense Intellectual Property Office of the General Armament Department, and the specific work is undertaken by the National Defense Patent Examination Center.
Second, the types are different. There are three kinds of common patents: invention, utility model and design, while there is only one kind of national defense patent.
Third, the application requirements are different. There are confidentiality requirements for applying for national defense patents, that is, inventions and creations applying for national defense patents should be kept confidential, but top-secret inventions should not apply for national defense patents.
Fourth, the patent agency requirements are different. Entrusting a patent agency to apply for a national defense patent must entrust 34 national defense patent agencies designated by the National Defense Intellectual Property Office of the General Armament Department.