In order to protect the patent rights of inventions related to national defense, safeguard national defense secrets, facilitate the popularization and application of inventions, promote the development of national defense science and technology, and meet the needs of national defense modernization, these Regulations are formulated in accordance with the relevant provisions of the Patent Law of People's Republic of China (PRC).
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National defense patent refers to an invention patent that involves national defense interests, has a potential role in national defense construction and needs to be kept confidential.
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The Commission of Science, Technology and Industry for National Defense of the People's Republic of China (hereinafter referred to as the Commission of Science, Technology and Industry for National Defense) shall establish the National Defense Patent Office. Applications for national defense patents are accepted and examined by the National Defense Patent Office of the Commission of Science, Technology and Industry for National Defense (hereinafter referred to as the National Defense Patent Office); If it meets the requirements of these regulations after examination by the National Defense Patent Office, the national defense patent right shall be granted by the Chinese Patent Office.
Article 4
Top secret inventions involving national defense interests may not apply for national defense patents. The application for a national defense patent accepted by the National Defense Patent Office shall be managed in accordance with the Law of People's Republic of China (PRC) on Guarding State Secrets and the provisions of the relevant competent departments in the process of acceptance, examination, review, authorization, transfer, execution and mediation of disputes before decryption.
Article 5
The term of protection of the national defense patent right is fifteen years, counting from the date of application.
Article 6
During the protection period of the national defense patent right, the National Defense Patent Office has the right to make a decryption decision in time if it is unnecessary to keep it confidential due to changes in circumstances. A unit or individual who has been granted a national defense patent (hereinafter referred to as the national defense patentee) may request to decrypt its national defense patent at any time according to the change of the situation. Any decryption request shall be submitted to the National Defense Patent Office for examination and decision; If it belongs to a unit owned by the whole people, it shall also attach a copy of the document that originally determined the opinions of the classified organ. The National Defense Patent Office shall publish the decryption decision in the Internal Bulletin of National Defense Patent published by the Bureau, notify the patentee of national defense, and report to the China Patent Office at the same time, so as to convert the national defense patent into an ordinary patent.
Article 7
If it is necessary to extend the confidentiality period after the termination of the national defense patent right, if it belongs to a unit owned by the whole people, the organ that originally determined the classification shall make a decision and notify the National Defense Patent Office; If it belongs to a unit or individual under collective ownership, it shall be decided by the National Defense Patent Office. The decision to extend the confidentiality period shall be published in the internal bulletin of the national defense patent.
Article 8
The right to apply for a national defense patent and the national defense patent right can be transferred to units in China and citizens of China. The transfer of a national defense patent or the right to apply for a national defense patent by a unit owned by the whole people must be approved by the superior competent department of the unit; Units and individuals belonging to collective ownership must be approved by the National Defense Patent Office. To transfer the right to apply for a national defense patent or a national defense patent to a Chinese-foreign joint venture or a Chinese-foreign contractual joint venture, an application for transfer must be submitted to the National Defense Patent Office, which shall report it to the Commission of Science, Technology and Industry for National Defense for approval.
Article 9
It is forbidden to transfer the right to apply for a national defense patent and the national defense patent right to foreign units or individuals.
Article 10
Any unit or individual who applies for a patent abroad for an invention that involves national defense interests or has a potential role in national defense construction and needs to be kept confidential must first apply for a national defense patent to the National Defense Patent Office, and then submit a request for applying for a patent abroad to the National Defense Patent Office, which shall report it to the Commission of Science, Technology and Industry for National Defense for approval.
Edit Chapter II of this paragraph: Application, examination and authorization of national defense patents.
Article 11
To apply for a national defense patent, a request, specification, abstract, patent claim and other documents shall be submitted to the National Defense Patent Office. The applicant shall, in accordance with the requirements stipulated by the National Defense Patent Office, write application documents in a unified format and deliver them to the National Defense Patent Office in person or through a secure transportation system, and shall not send them by ordinary mail. The date when the National Defense Patent Office receives the national defense patent application documents is the application date.
Article 12
The National Defense Patent Office regularly sends people to the Chinese Patent Office to check common patent applications. If it is found that it involves national defense interests or has potential impact on national defense construction and needs to be kept confidential, it will be converted into a national defense patent application with the consent of the Chinese Patent Office, and the applicant will be notified.
Article 13
An invention granted a national defense patent right shall be novel, creative and practical. Novelty means that before the application date, no identical invention has been published in foreign publications, published in domestic publications, used in China or known to the public in other ways, and no identical invention has been applied to the National Defense Patent Office by others and obtained a national defense patent right after the application date. Creativity means that the invention has outstanding substantive characteristics and remarkable progress compared with the prior art before the filing date. Practicality means that the invention can be manufactured or used and can produce positive effects.
Article 14
An invention applying for a national defense patent will not lose its novelty under any of the following circumstances within six months before the filing date: (1) It was first exhibited at a domestic exhibition held by various ministries and commissions in the State Council and various departments of the People's Liberation Army in China; (2) It was first published at an internal academic meeting or technical meeting held by various ministries and commissions in the State Council and the People's Liberation Army in China; (3) Others disclose the contents of the application without the consent of the applicant. In any of the above circumstances, the applicant shall declare it at the time of application and provide relevant supporting documents within two months from the date of application.
Article 15
After examining the application for a national defense patent, the National Defense Patent Office considers that it does not conform to the provisions of these Regulations, and shall notify the applicant to state his opinions or modify or correct the application documents within a specified time limit. The applicant may, within six months from the date of application or in response to the notice of examination opinions, modify the specification or claim of his application for a national defense patent on his own.
Article 16
After the applicant has stated his opinions or amended or supplemented the application documents, the National Defense Patent Office considers that it still does not meet the provisions of these Regulations, and shall reject it.
Article 17
The National Defense Patent Office shall set up the National Defense Patent Reexamination Board, which shall be composed of experienced technical experts and legal experts, with the director of the National Defense Patent Office as the chairman.
Article 18
If an applicant for a national defense patent refuses to accept the decision of the National Defense Patent Office to reject the application, he may request a reexamination to the National Defense Patent Reexamination Board within three months from the date of receiving the notice. After reviewing the decision, the National Defense Patent Reexamination Board shall notify the applicant. If the applicant refuses to accept the decision of the National Defense Patent Reexamination Board to reject the reexamination request, he may bring a lawsuit to the people's court within three months from the date of receiving the notice.
Article 19
If the application for a national defense patent has no reason to be rejected after examination or it is considered that it should not be rejected after reexamination, the Chinese Patent Office shall make a decision to grant the national defense patent right and entrust the National Defense Patent Office to issue a national defense patent certificate. At the same time, the application date, authorization date and patent number of the patent are published in the patent bulletin published by the China Patent Office. The National Defense Patent Office shall register the relevant matters of national defense patents and publish them in the internal bulletin of national defense patents.
Article 20
After the national defense patent right is granted, if any unit or individual thinks that the grant of the national defense patent right is not in conformity with the provisions of these regulations, it may request the National Defense Patent Reexamination Board to declare the patent right invalid or partially invalid. Where it is necessary to consult the instructions requesting the invalidation of the national defense patent right, it shall make a request and attach the certificate of the competent department, and consult it after approval by the National Defense Patent Office.
Article 21
The national defense patent reexamination board shall, after examining and making a decision on the request to declare the national defense patent invalid or partially invalid, notify the requester and the national defense patentee. If the national defense patent right is declared invalid or partially invalid, it shall be registered by the National Defense Patent Office and published in the internal bulletin of the national defense patent, and the Chinese Patent Office shall publish it in the patent bulletin. If a party refuses to accept the decision of the National Defense Patent Reexamination Board to declare the national defense patent invalid or partially invalid or to maintain the national defense patent right, it may bring a lawsuit to the people's court within 3 months from the date of receiving the notice.
Edit Chapter III Implementation of National Defense Patent in this paragraph.
Article 22
After the national defense patent right is granted, the National Defense Patent Office shall promptly send a copy of the relevant documents of the national defense patent to the relevant ministries and commissions in the State Council or the relevant departments of the People's Liberation Army in China. If a copy of the document is received, it shall put forward written opinions on the implementation of the national defense patent within four months and notify the National Defense Patent Office.
Article 23
The relevant ministries and commissions of the State Council and the relevant departments of the People's Liberation Army of China have the right to designate subordinate units to implement national defense patents in this system; Where a national defense patent outside the system is designated for implementation, a request shall be made to the National Defense Patent Office, and it shall be implemented after being approved by the National Defense Patent Office and reported to the Science, Technology and Industry Committee for National Defense. The National Defense Patent Office shall register the designated national defense patents and publish them in the internal bulletin of national defense patents.
Article 24
The unit that implements the national defense patent must conclude a written implementation contract with the national defense patentee, pay the fees to the national defense patentee in accordance with the provisions of Article 28 of these regulations, and report to the National Defense Patent Office for the record. The implementing entity has no right to allow any entity other than those stipulated in the contract to exploit the national defense patent.
Article 25
The patentee of national defense who undertakes the tasks of national defense scientific research, production and test may, with the approval of the superior competent department, implement his national defense patent; Those who have not undertaken the tasks of national defense scientific research, production and testing shall not implement their national defense patents. National defense patentees may recommend their national defense patents to units undertaking national defense scientific research, production and testing tasks. Units undertaking national defense scientific research, production and testing tasks may request higher authorities to implement other people's national defense patents, which shall be decided by the higher authorities to report to the competent ministries and commissions of the State Council or the competent authorities of the People's Liberation Army of China.
Article 26
Where a national defense patentee permits a foreign unit or individual to exploit its national defense patent, he must make a request to the National Defense Patent Office in advance, which shall report it to the Commission of Science, Technology and Industry for National Defense for approval.
Article 27
If it is necessary to consult the instructions for the implementation of the national defense patent, it shall make a request and consult it after approval by the National Defense Patent Office.
Article 28
The exploitation of other people's national defense patents is an invention-creation completed with the national defense research and trial-production fee allocated by the state, and the necessary national defense patent exploitation fee shall be paid to the national defense patentee; Where an invention is completed with other funds, the patentee of national defense shall be paid a fee for the use of the national defense patent. The fee for the implementation of national defense patents mentioned in the preceding paragraph refers to the cost of providing technical information, training personnel and further developing technology.
Article 29
The amount of implementation fee or use fee that should be paid to the patentee of national defense for the exploitation of the national defense patent of others shall be agreed upon by both parties; If the two sides cannot reach an agreement, it shall be decided by the National Defense Patent Office. If a party refuses to accept the ruling, he may bring a lawsuit to the people's court within 3 months from the date of receiving the notice.
Article 30
The National Defense Patent Office sets up compensation fees for national defense patents. When the national defense patent certificate is issued and the patent is first implemented, the National Defense Patent Office will pay compensation to the national defense patentee. For a service invention, the national defense patentee shall pay the inventor no less than 20%. The amount of compensation shall be determined by the National Defense Patent Office.
Edit Chapter IV Management and Protection of National Defense Patents in this paragraph.
Article 31
The internal bulletin of national defense patent published by the National Defense Patent Office is managed as confidential documents, and its distribution scope is determined by the National Defense Patent Office. The internal bulletin of the national defense patent contains the following contents: (1) Descriptions recorded in the application for a national defense patent; (2) National defense patent claim; (3) an abstract of the description of the invention; (4) Grant of national defense patent right; (5) Termination of the national defense patent right; (6) invalidation of the national defense patent right; (7) Transfer of the national defense patent right; (8) Designation and implementation of national defense patents; (9) Decryption of national defense patents; (10) Extend the confidentiality period of national defense patents; (eleven) the name or address of the national defense patentee is changed; (12) Other related matters.
Article 32
The relevant ministries and commissions of the State Council, the relevant departments of the People's Liberation Army of China and the competent departments of national defense science, technology and industry of all provinces, autonomous regions and municipalities directly under the Central Government shall designate an institution as the national defense patent administration organ and notify the National Defense Patent Office. The national defense patent administration organ is guided by the National Defense Patent Office in its business. The functions of the national defense patent administration organ are as follows: (1) to study the photocopies of documents related to national defense patents submitted by the National Defense Patent Office to the department, put forward implementation opinions or invite relevant institutions to study and put forward opinions, and notify the National Defense Patent Office after reporting to the leaders of the Ministry for decision; (2) To formulate plans and plans for the work of national defense patents in their own departments or regions, organize the work of national defense patents in their own departments or municipalities directly under the Central Government, and provide professional guidance; (three) to mediate the national defense patent disputes in the system or in the region; (four) other work for national defense patent services.
Article 33
Inter-departmental and inter-regional national defense patent disputes shall be handled by the National Defense Patent Office.
Article 34
In violation of the provisions of Article 24 of these regulations, the parties concerned may request the national defense patent administration organ or the National Defense Patent Office to handle the infringement, or they may directly bring a suit in a people's court. When dealing with it, the national defense patent administration organ and the national defense patent office have the right to order the infringer to stop the infringement and compensate the losses. If a party refuses to accept it, he may bring a suit in a people's court within 3 months from the date of receiving the notice; If neither prosecution nor performance is made at the expiration of the time limit, the national defense patent administration organ or the national defense patent office may request the people's court for compulsory execution.
Article 35
Without the approval of the relevant ministries and commissions of the State Council or the relevant departments of the People's Liberation Army of China, the higher authorities shall give administrative sanctions to the person in charge.
Article 36
In violation of the provisions of this Ordinance, causing the disclosure of national defense secrets, it shall be handled in accordance with the Law of People's Republic of China (PRC) on Guarding State Secrets and the Regulations of China People's Liberation Army on Secrecy.
Edit this paragraph in Chapter V Supplementary Provisions.
Article 37
To apply for a national defense patent and go through other formalities with the National Defense Patent Office, fees shall be paid. The items and standards of expenses shall be stipulated by the Commission of Science, Technology and Industry for National Defense.
Article 38
The relevant provisions of the Patent Law of People's Republic of China (PRC) and the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) shall apply to national defense patents, but if there are special provisions in this Ordinance, those provisions shall prevail.
Article 39
The CSTIND shall be responsible for the interpretation of these Regulations.
Article 40
These Regulations shall come into force as of the date of promulgation.