Patent confidentiality review

Paragraph 1 of Article 20 of the Patent Law stipulates that any unit or individual who applies to a foreign country for a patent for invention or utility model completed in China shall report to the patent administration department of the State Council in advance for confidentiality review. The procedures and time limit for confidentiality review shall be implemented in accordance with the provisions of the State Council. From this, we know that patent applications abroad, whether the patentee is from China or a foreigner, are subject to confidentiality review as long as they are completed in China.

If the Patent Examination Guide also stipulates that if the notice of confidentiality examination opinions is not received within 4 months from the date of filing the request for confidentiality examination, or the decision on confidentiality examination is not received within 6 months, the patent may be self-managed in a foreign country.

Generally speaking, the probability of the following two situations is relatively small. Therefore, inventions made in China need to be reviewed if they want to go abroad. Individuals can also apply for PCT, that is, international application, and then specify several countries that need protection. This is good, too. PCT applications filed in China are considered confidential. In fact, patent application is so troublesome, why not entrust an agency, so you don't have to worry.