China units (including foreign-funded enterprises) or individuals applying for patents for inventions made in China shall meet the following three conditions: first, apply for patents in China National Intellectual Property Administration, China, or submit an international application to China National Intellectual Property Administration or the International Bureau of the World Intellectual Property Organization to designate China; The second is to entrust foreign-related institutions; Third, if an invention involves national security or vital interests and needs to be kept confidential, it cannot apply for a patent from a foreign country, but only from China.
Any unit or individual shall submit an application for confidentiality review of foreign patents to the Patent Office before applying to a foreign country for a patent for invention or utility model completed in China or submitting an international patent application to relevant foreign institutions. No unit or individual may apply for a patent in a foreign country for the content of an invention or utility model that is determined to involve national security or vital interests after confidentiality review.
1. Before a foreign country applies for a patent, there are three ways to make a request for confidentiality review:
(1) Put forward a separate confidentiality review request in the form of technical proposal. Where a request is made in this way, the applicant shall submit a request for patent confidentiality review and a description of the technical scheme to a foreign country, and submit the document in writing to the acceptance window of the Patent Office or to the acceptance office of the China National Intellectual Property Administration Patent Office.
(2) Request confidentiality review at the same time or after applying for China patent. Where a request is made in this way, the applicant shall submit a request for patent confidentiality examination in a foreign country.
(3) Where an international application for a patent is submitted to the Patent Office, it shall be deemed that a request for confidentiality review has been made at the same time, and it is unnecessary to separately submit a request for confidentiality review of a patent applied to a foreign country.
2. Matters needing attention in submitting application documents
(1) Applicants who submit all kinds of documents to the Patent Office should keep the manuscript to ensure the consistency of filling in the documents during the application examination and approval, which can be used as a reference when replying to the examination opinions.
(2) If the application documents are mailed, they shall be sent by registered mail. If it cannot be sent by registered mail, it can be sent by express mail, and the application documents cannot be sent by parcel. In addition to indicating the detailed address of the Patent Office or its agency (including postal code), the registered letter should also indicate the words "application documents", "China National Intellectual Property Administration Patent Office accepted" or "China National Intellectual Property Administration Patent Office accepted". If the application documents are submitted by the courier company, the date of actual receipt by the Patent Office and its agencies shall be the application date. Registered letters should only contain the same application documents. After mailing, the applicant shall properly keep the registered receipt stub.
(3) The Patent Office does not accept samples, samples or models when accepting patent applications. In the process of examination, when the applicant submits a sample or model at the request of the examiner and submits it in person at the acceptance window of the Patent Office, it shall present a notice of examination opinions; If it is mailed, the words "submit the model at the request of the examiner (name)" shall be written on the mail.
Reference source:/zhfwpt/zlsqzn/zlsqspcxjs/zlsqxgsxjs/