Legal analysis: Standard essential patent refers to the patent that is included in international standards, national standards and industry standards and must be used when implementing standards. It is a special field of sharp opposition between standards and patents. On the one hand, potential implementers comply with the mandatory and recommended standards or the requirements of the industry to implement standards. On the other hand, the patentee is setting a huge trap to wait for the careless feet of the implementers. This is what we usually call patent hijacking, that is, if we don't follow the standards, there will be no market and no way out, but if we follow the standards, we may encounter infringement lawsuits, face injunctions and huge compensation, which puts the implementers in a dilemma.
Legal basis: People's Republic of China (PRC) Patent Law.
Article 4 Where an invention-creation applying for a patent 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.
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.