Can individuals apply for military patents?

Yes, although the manufacture or use of military products may be restricted by law, the technical scheme itself is not the object of not granting patent rights as stipulated in the patent law.

Objects not granted patent rights as stipulated in the Patent Law:

Article 5 No patent right shall be granted for inventions and creations that violate laws, social ethics or harm public interests. No patent right shall be granted to inventions and creations obtained or utilized in violation of laws and administrative regulations and completed by relying on genetic resources.

Article 25 No patent right shall be granted to the following projects:

(1) scientific discoveries;

(2) rules and methods of intellectual activities;

(3) Methods of diagnosis and treatment of diseases;

(4) Species of animals and plants;

(5) substances obtained by nuclear transformation;

(six) the design of the pattern, color or the combination of the two.

The production method of the products listed in Item (4) of the preceding paragraph may be granted a patent right in accordance with the provisions of this Law.