Do patent applications need confidential examination? How to achieve confidentiality review?

How to determine whether a patent application needs confidential examination: The content of a patent application involves national defense interests, and the invention or utility model to be completed in China is patented in a foreign country. , all belong to the scope of patent applications that need confidential review.

legal ground

Article 19 of the patent law

Any unit or individual that applies to a foreign country for a patent for invention or utility model completed in China 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.

Article 21

The patent administrative department of the State Council shall handle patent-related applications and requests in accordance with the requirements of objectivity, fairness, accuracy and timeliness.

The patent administrative department of the State Council shall strengthen the construction of public service system for patent information, publish patent information completely, accurately and timely, provide basic patent data, and publish patent bulletins regularly to promote the dissemination and utilization of patent information.

Before the patent application is published or announced, the staff of the patent administration department in the State Council and relevant personnel shall be responsible for keeping the contents confidential.

Article 4

Where the invention-creation for which a patent is applied involves national security or vital interests and needs to be kept confidential, it shall be handled in accordance with the relevant provisions of the state.