Legal analysis: (1) If the content of a patent application involves national defense interests, the National Defense Patent Office shall keep it confidential. Where confidentiality is required, it shall be handed over to the National Defense Patent Office for examination in time. If the examiner issues a notice to the applicant that the patent application is handed over to the National Defense Patent Office and requires confidentiality, the examiner shall issue a notice of approval for confidentiality review, informing the applicant that the patent application is not confidential and should be treated as a general patent application. (2) Where any unit or individual applies to a foreign country for a patent for invention or utility model completed in China, it shall file a confidentiality review with the patent administration department of the State Council in advance. The procedures and time limit for confidentiality review shall be implemented in accordance with the provisions of the State Council. Units or individuals in China may file an international patent application in accordance with the relevant international treaties to which People's Republic of China (PRC) is a party. The applicant who files an international application for a patent shall abide by the provisions of the preceding paragraph. The patent administration department of the State Council shall handle international patent applications in accordance with the relevant international treaties to which People's Republic of China (PRC) is a party, this Law and the relevant provisions of the State Council.
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 20 The application for patent and the exercise of patent right shall follow the principle of good faith. Do not abuse the patent right to harm the public interest or the legitimate rights and interests of others. Abuse of patent rights, exclusion or restriction of competition, which constitutes a monopolistic behavior, shall be dealt with in accordance with the Anti-Monopoly Law of the People's Republic of China.