Detailed rules for the implementation of patent law
Article 8 stipulates: "If an application for a patent for invention involves national defense secrets and needs to be kept confidential, it shall be accepted by the national defense patent institution; An application for a patent for invention involving national defense secrets accepted by the patent administration department of the State Council shall be submitted to the national defense patent institution for examination, and the patent administration department of the State Council shall make a decision according to the examination opinions of the national defense patent institution. " National defense patent refers to the invention patent that designs national defense interests, has potential impact on national defense construction and needs to be kept confidential. Top secret inventions involving national defense interests may not apply for national defense patents.
According to the Regulations on National Defense Patents, the National Defense Patent Office was set up by the Commission of Science, Technology and Industry for National Defense to accept national defense patent applications in a unified way. If it meets the requirements of national defense patent after examination by the National Defense Patent Office, the national defense patent right shall be granted by the patent administration department of the State Council.
To apply for a national defense patent right, a request, a specification and its abstract, a patent claim and other documents shall be submitted to the National Defense Patent Office. The applicant shall, in accordance with the requirements stipulated by the National Defense Patent Office, write application documents in the same format, and deliver them to the National Defense Patent Office in person or through a secure transportation system, and shall not send them by ordinary mail. The date of application is when the National Defense Patent Office receives the national defense patent application documents.
The National Defense Patent Office regularly sends people to the patent administration department in the State Council to check the general patent application. If it is found that any of them involves national defense interests or has potential effects on national defense construction and needs to be kept confidential, it shall be transferred to the national defense patent application after obtaining the consent of the patent administration department of the State Council, and the applicant shall be notified.
An invention granted a national defense patent right shall be novel, creative and practical.
An invention applying for a national defense patent will not lose its novelty under any of the following circumstances within six months before the filing date: (1) It was first exhibited at an internal exhibition held by various ministries and commissions in the State Council, China and various departments of the People's Liberation Army in China; (2) It was first published at an internal academic meeting or technical meeting held by various ministries and commissions in the State Council and the People's Liberation Army in China; (3) Others disclose the contents of the application without the consent of the applicant. In any of the above circumstances, the applicant shall declare it at the time of application and provide relevant supporting documents within two months from the date of application.