Examination and approval procedures for the implementation of national defense patent application right and patent transfer

Legal subjectivity:

The examination and approval procedures for the implementation of the right to apply for a national defense patent and the transfer of the patent right are as follows: First, the applicant shall submit the patent materials to the national defense patent institution for preliminary examination. Then submit the materials passed in the preliminary examination to the commission of science, technology and industry for national defense for review. Finally, after examination, the applicant will be informed of the examination and approval results in writing, and the reasons will be explained.

Legal objectivity:

patent law of the people's republic of china

Article 12

Any unit or individual that exploits another person's patent shall conclude an exploitation license contract with the patentee and pay the patentee the royalties. The licensee has no right to allow any unit or individual other than those stipulated in the contract to exploit the patent.

patent law of the people's republic of china

Article 13

After the publication of an application for a patent for invention, the applicant may require the entity or individual who exploits the invention to pay an appropriate fee.

patent law of the people's republic of china

Article 14

If the invention patent of state-owned enterprises and institutions is of great significance to the national interests or social public interests, the relevant competent departments of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may decide to popularize and apply it within the approved scope, allowing designated units to implement it, and the implementing units shall pay royalties to the patentee in accordance with state regulations.