"Where the administrative department for patent in the State Council considers that the accepted application for a patent for invention or utility model involves vital interests other than national security or national defense interests and needs to be kept confidential, it shall promptly make a decision on handling it according to the confidential patent application and notify the applicant. The special procedures for the examination and reexamination of confidential patent applications and the invalidation of confidential patent rights shall be formulated by the patent administration department of the State Council. " One article is added as Article 8: "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:
"(a) to apply for a patent directly to a foreign country or to submit an international application for a patent to a relevant foreign institution, it shall make a request to the patent administration department of the State Council in advance and explain its technical scheme in detail;
"(2) Where, after applying for a patent to the patent administration department in 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 in the State Council before applying for a patent in a foreign country or submitting an international application for a patent to a foreign institution.
Where an international patent application is submitted to the patent administration department of the State Council, it shall be deemed that a request for confidentiality review has been made at the same time. 5. One article is added as Article 9: "After receiving the request submitted in accordance with Article 8 of these Rules, the patent administration department of the State Council, after examination, considers that the invention or utility model may involve national security or vital interests and needs to be kept confidential, shall promptly issue a notice of confidentiality review to the applicant; If the applicant fails to receive the notice of confidentiality review within 4 months from the date of submission of his request, he may apply for a patent for invention or utility model abroad, or submit an international patent application to the relevant foreign institutions.
"Where the patent administrative department of the State Council notifies the confidentiality review in accordance with the provisions of the preceding paragraph, it shall make a decision on whether it is necessary to keep it confidential in time and notify the applicant. If the applicant has not received the decision to request confidentiality within 6 months from the date of filing the request, he may apply for the invention or utility model patent abroad or file an international patent application with the relevant foreign institutions. " 6. Article 11 is renumbered as Article 12, and item (3) of the first paragraph is amended as: "Inventions and creations related to the work undertaken by myself in the original unit or the tasks assigned by the original unit within 1 year after retirement, transfer from the original unit or termination of labor and personnel relations." Seven, thirteenth to forty-first, amended as: "two or more applicants on the same day (refers to the date of application; Where there is priority, it refers to the priority date), where an application for a patent for the same invention-creation is filed, the applicant shall be determined through consultation after receiving the notice from the patent administration department of the State Council.
"Where the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day (referring to the date of application), it shall be clearly stated at the time of application that another patent has been applied for the same invention-creation; If there is no explanation, it shall be handled in accordance with the provisions of the first paragraph of Article 9 of the Patent Law that only one patent right can be granted to the same invention-creation.
"The patent administrative department of the State Council shall announce that the applicant has applied for a patent for invention in accordance with the provisions of the second paragraph of this article.
"After examination, the application for a patent for invention found no reason for rejection, the administrative department for patent in the State Council shall notify the applicant to give up the patent right for utility model within the prescribed time limit. If the applicant gives up, the patent administration department in the State Council shall make a decision to grant the patent right for invention, and announce the statement of the applicant giving up the patent right for utility model together with the announcement of granting the patent right for invention. If the applicant does not agree to give up, the patent administration department of the State Council shall reject the application for a patent for invention; If the applicant fails to reply within the time limit, it shall be deemed to have withdrawn the application for a patent for invention.
"The patent right for utility model shall be terminated as of the date of announcement of the patent right for invention." Eight, delete fourteenth. 9. Article 15 is renumbered as Article 14, and one paragraph is added as the third paragraph: "Where the patent right is pledged, the pledgor and pledgee shall register the pledge with the patent administration department of the State Council." 10. Article 17 is changed to Article 16 and amended as: "The request for an application for a patent for invention, utility model or design shall specify the following items:
"(1) the name of the invention, utility model or design;
"(two) the applicant is a unit or individual in China, its name, address, postal code, organization code or identity card number; If the applicant is a foreigner, foreign enterprise or other foreign organization, its name, nationality or registered country or region;
"(3) the name of the inventor or designer;
"(4) Where the applicant entrusts a patent agency, the name and agency code of the entrusted agency and the name, practice license number and contact telephone number of the patent agent designated by the agency;
"(5) Where priority is claimed, the filing date, application number and the name of the original accepting authority of the first patent application filed by the applicant (hereinafter referred to as the earlier application);
"(6) The signature or seal of the applicant or patent agency;
"(7) List of application documents;
"(8) List of additional documents;
"(9) Other relevant matters that need to be stipulated."