1. According to Article 4 of the Patent Law, inventions and creations involving national security or vital interests need to apply for confidential patents in accordance with relevant regulations. Generally speaking, inventions involving national security mainly refer to inventions specially used for national defense or of great value to national defense; Inventions and creations involving major national interests refer to inventions and creations involving other major interests other than national security. The publicity of these inventions will affect the national defense ability, damage the political and economic interests of the country or weaken the economic and technological strength of the country. An invention-creation applying for a secret patent does not include design.
2. Any unit or individual that applies for a patent for invention or utility model completed in China to a foreign country shall file a confidentiality review with the patent administration department of the State Council in advance. The procedures and time limit for confidentiality review shall be implemented in accordance with the provisions of the State Council.
3. Units or individuals in China may file an international patent application according to the relevant international treaties to which People's Republic of China (PRC) is a party. The applicant who files an international application for a patent shall abide by the provisions of the preceding paragraph.