What is the confidential examination of patent application? Under what circumstances is it necessary to conduct a confidential review of patent applications?

A patent application is a request made by an inventor, designer or other subject who has the right to apply to the Patent Office for a patent right for invention or design. The confidential examination of patent application is a form of examination that needs to be carried out in accordance with relevant regulations when applying for a patent involving national security or major interests.

Legal analysis

1. Medical expenses: The medical expenses are determined according to receipts and vouchers such as medical expenses and hospitalization expenses issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. 2. Lost time: The lost time is determined according to the lost time and income of the victim. 3. Nursing expenses: The nursing expenses are determined according to the income of nursing staff, the number of nurses and the nursing period. 4. Transportation expenses: The transportation expenses shall be calculated according to the actual expenses incurred by the victims and their necessary accompanying personnel for medical treatment or transfer to other hospitals. 5. Hospitalization food subsidy: Hospitalization food subsidy can be determined by referring to the standard of food subsidy for ordinary staff of local state organs. 6. Nutrition fee: The nutrition fee is determined according to the disability of the victim and referring to the opinions of medical institutions. 7. Disability compensation: according to the degree or level of disability of the victim, the disability compensation is calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the appeal court is located, and it is calculated as 20 years from the date of disability. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.

legal ground

Decision of NPC Standing Committee on Amending the Patent Law of People's Republic of China (PRC). Paragraph 1 of Article 20 is amended as: "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 deadlines for confidentiality review shall be implemented in accordance with the regulations of the State Council. " One paragraph is added as the fourth paragraph: "No patent right shall be granted to inventions or utility models that apply for a patent in China in violation of the provisions of the first paragraph of this Article."