National defense patent is a special kind of patent right, which is the invention and creation of matters related to national defense by the inventor or his assignee. The patentee enjoys the exclusive right to exploit the national defense patent according to law, and the protection period of the national defense patent is 20 years.
Legal objectivity:
Article 2 of the Regulations on National Defense Patents refers to invention patents that involve national defense interests and have potential impact on national defense construction and need to be kept confidential. Article 3 National defense patent agencies (hereinafter referred to as national defense patent agencies) are responsible for accepting and examining national defense patent applications. If the national defense patent agency considers that it complies with the provisions of these Regulations, the patent administration department of the State Council shall grant the national defense patent right. The competent department of science, technology and industry for national defense in the State Council and the General Armament Department of China People's Liberation Army (hereinafter referred to as the General Armament Department) are responsible for the administration of national defense patents in local systems and military systems respectively. Article 4 of the Regulations on National Defense Patents does not apply for national defense patents for inventions and creations that are determined to be top secret state secrets, involve national defense interests or have potential impact on national defense construction. The application for national defense patents and the confidentiality of national defense patents shall be managed in accordance with the Law of People's Republic of China (PRC) on Guarding State Secrets and the relevant provisions of the state before decryption. Article 5 of the Regulations on National Defense Patents shall have a patent protection period of 20 years, counting from the date of application.