People's Republic of China State Council People's Republic of China Central Military Commission order (No. 418) has promulgated the regulations on national defense patent, as of November 1, 2004.
    Chinese Premier Wen Jiabao, Chairman of the Central Military Commission Jiang Zemin on September 17, 2004 (end) on national defense patent regulations chapter I General provisions article I to protect the invention patent relating to defence, ensuring that State secrets, facilitating the application of inventions, promote the development of science and technology for national defense, and meet the needs of national defense modernization construction under the People's Republic of China patent law, this Ordinance is enacted.
    Article on national defense patent refers to relates to the interests of national defence and the national defense construction has the potential need for confidentiality invention patents. Third country bodies on national defense patent (hereinafter referred to as national defense patent Agency) is responsible for receiving and reviewing patent applications for national defense.
    The defence Patent Office review found that compliance with the provisions of this Ordinance, national defense patent granted by the patent Administration Department under the State Council.
    Science, technology and industry for national defense departments under the State Council and the people's Liberation Army General armament Department (hereinafter referred to as the General armament Department) are responsible for the local patent management system and military defense jobs.
    Article fourth involved the interests of national defence or national defence construction with a potential role is identified as top secret-level patent for invention shall not apply for the defense of State secrets.
    Patent application for national defense and national defense patent secrecy, in front of the decrypted according to the People's Republic of China's State secrets law and relevant regulations of the State administration.
    Fifth national defence period of patent protection for 20 years, from the date of filing.
    Sixth article defense patent in protection period within, for situation changes need change classified, and decrypt or defense patent terminated Hou need extended confidential term of, Defense patent institutions can made change classified, and decrypt or extended confidential term of decided; but on in application defense patent Qian has was determine for national secret of, should consent of original determine classified and confidential term of organ, and units or its superior organ of agreed.
    Units or individuals was awarded the national defense patent (hereinafter referred to as national defense patent) can make changes to the body on national defense patent secrets, decrypt, or extend the period for a written application belonging to state-owned enterprises or institutions or army units, shall be attached to the original of the secret and the periods of organ or entity or its parent bodies. Institutional changes should be on national defense patent secrets, decryption, or the decision to extend the confidentiality period, published in the Agency's internal bulletin published on national defense patent, and notify the defence where the patentee, and decrypted on national defense patent submitted to normal patent the patent Administration Department under the State Council.
    The Administrative Department for patent under the State Council shall be announced to the public on national defense patent will decrypt in time.
    Article seventh defense of patent application right and defense patents approved to transfer to Chinese entities and individuals in the country.
    Transfer of defence or defence of the right of patent application patent, should ensure that State secrets from leaking, ensure national defense and army building is not affected, and presented to the body on national defense patent application in writing by the agencies conduct a preliminary review on national defense patent in accordance with the Division of responsibilities under the second paragraph of this section, submitted to the competent departments of the State Council for science, technology and industry for national defense, the General armament Department approval.
    Science, technology and industry for national defense under the State Council departments, General armament Department self defence agency from the date of acceptance of the application for patent in the 30th ratification or not decisions; not approved by decision, it shall notify the applicant in writing and state the reasons. Approved the transfer of defence or defence of the right of patent application patent, the parties concerned shall enter into a written contract, and defence patents registered, by national defense patent agencies in the defence published in the Patent Bulletin.
    Defense right of patent application or national defence with effect from the date of the transfer of registration.
    Eighth is prohibited to foreign entities and individuals in Taiwan, as well as foreigners and foreign institutions to transfer the national defense and defense of the right of patent application patent. Nineth must appoint a patent agent to apply for national defense patent, and any other patent matters of national defence, shall entrust the Defense patent agencies specify the patent Agency.
  
    Patent agencies and their staff in handling national defense patent applications and other patent matters of national defence aware of State secrets, confidential.
    Chapter II National Defense patent applications, review and article tenth request on national defense patent shall be submitted to the body on national defense patent request, a description and its abstract, and claims files.
    Prescribed by the applicant for a patent shall, in accordance with national defense patent institutions of national defense requirements and the harmonized format for writing an application file, and personally delivered to or through confidential communications and other confidential transmission of national defense patent agencies, not by ordinary letter post.
    Defense patents received defense date as the filing date of the patent application document; application through confidential communications sent by mail, with date of postmark date as the date of filing.
    11th defence Patent Office regularly sends people to view general patent application the patent Administration Department under the State Council, found that involving the interests of national defence or has a potential effect on national defense secrets, agreed by the Administrative Department for patent under the State Council to the national defense patent application, and notify the applicant accordingly.
    After regular patent application into a patent application for national defense, Defense patents in accordance with the relevant provisions of this Ordinance for the defence review of patent applications.
    Section 12th defense patents of invention, must possess novelty, creativity and practicality.
    Novelty refers to does not have the same invention before the date of filing, published in the foreign press, publications have been published in the country, in the country or otherwise known to the public, nor the same invention raised by others applying for and obtaining national defense after the date of filing the patent.
    Creativity is compared with existing before the date of filing, the invention has prominent substantive features and significant progress.
    Usability refers to the invention can be made or used, and can produce positive results.
    13th article application defense patent of invention in application day zhiqian 6 months within, has following case one of of, not lost novel sex: (a) in State about competent sector, and PLA about competent sector held of internal exhibition Shang first displayed of; (ii) in State about competent sector, and PLA about competent sector held of internal academic conference or technology conference Shang first published of; (three) others without defense patent application people agreed and leaked its content of.
    Circumstances listed in the preceding paragraph, on national defense patent applicant shall at the time of application a statement and provide relevant supporting documents within 2 months from the date of filing.
    Article 14th defence following a review of defence patent applications patent agencies, considered incompatible with the provisions of this Ordinance, it shall notify the applicant within the time limit specified by the statement on national defense patent or modify its patent application for national defense and rectification; without due cause fails to reply, the national defense patent application shall be deemed withdrawn.
    Defense people since the date of filing of patent applications within 6 months or when you reply to the notice of review for the first time, offered to its defence a patent application can be modified.
    Modify its defence the patent application documents applicants must not exceed the original specifications and scope of claims records.    
    15th defense patent statements or opinions on national defense patent application after you make modifications, corrections, according to national defense patent Agency still does not comply with the provisions of this Ordinance, shall be rejected.
    16th set up defense on national defense patent the patent reexamination Board, responsible for the defense of patent reexamination and invalidation.
    Defence the patent reexamination Board made up of technical and legal experts, Chairman of the national defense patent agencies also. 17th National Defense patent defence Patent Office rejected the application by the applicant disagrees with the decision, he may, within 3 months from the date of receipt of the notification, to defence the patent reexamination Board shall request for review.
    Defence the patent reexamination Board to review and make decisions, informed defense of patent applicants. 18th National Defense patent applications the review found that there is no cause for rejection or rejected after a review concluded that should not be dismissed, by the decision to grant the patent Administration Department under the State Council National Defense patents, and to delegate authority on national defense patent defence patent and Patent Gazettes published by the Administrative Department for patent under the State Council notice on the defence application for a patent, licensing and patent number.
    On national defense patent agencies shall be registered in the defense of patent-related matters, and published in the bulletin on national defense patent.
    Article 19th any entity or individual considered defense patents granted do not comply with the provisions of this Ordinance, can contribute to the defence of defence Patent Reexamination Board declaring the patent right invalid requests. 20th defence the patent reexamination Board to declare the patent invalid requests for national defense after the examination and make a decision, and notify the claimant and defence the patentee.

    
    Declare the patent invalid decisions of national defense, national defense patent agencies shall be registered in the internal bulletin published on national defense patent, the patent Administration Department under the State Council shall be published in the Patent Gazette. Chapter III article 21st defense of national defense patent Patent Office shall grant the defense within 3 months from the date of the patent, send copies of the relevant documents on national defense patent to the State authorities or the relevant competent departments of the PLA.
    The Department received a copy of the file, shall, within 4 months to comment in writing on the implementation of the national defense patent and inform national defense patent agencies.
    22nd article State about competent sector, and PLA about competent sector, can allows its specified of units implementation this system or this sector within of Defense patent; need specified implementation this system or this sector yiwai of Defense patent of, should to defense patent institutions proposed written application, by defense patent institutions in accordance with this Ordinance third article second paragraph provides of duties Division reported State Defense Science and technology industrial competent sector, and total equipment Department approved Hou implementation. Specifies the implementation of national defense patent Agency on national defense patent register and published in the bulletin on national defense patent.

    23rd national defense patents of others should conclude a written contract enforcement and defence where the patentee, in accordance with the provisions of the present section 25th defense to pay the costs of the patentee, and report on national defense patent filings.
    Implementation units shall not be permitted except as provided in the contract unit of the national defense patents.
    24th article defense patent people license abroad of units or personal implementation its defense patent of, should ensure national secret not was leaked, guarantee defense and army construction not by effect, and to defense patent institutions proposed written application, by defense patent institutions for preliminary review Hou in accordance with this Ordinance third article second paragraph provides of duties Division, timely submitted State Defense Science and technology industrial competent sector, and total equipment Department approval.
    Science, technology and industry for national defense under the State Council departments, General armament Department self defence agency from the date of acceptance of the application for patent in the 30th ratification or not decisions; not approved by decision, it shall notify the applicant in writing and state the reasons. 25th National Defense patents of others should pay royalties for national defense to the Defense patents.
    Implemented using the direct input of national defense research funding or other defense spending on national defense patent arising out of research activities, in line with the national defense patents in connection with the use of, you can just pay the necessary defense of patent fees, however, scientific research and otherwise except as otherwise provided in the agreement or the research task book.
    Defense patent fees referred to in the preceding paragraph, refers to the defence provided for in the patent technical information, training of personnel, as well as the costs of further development of technology.
    26th national defense patent specifies the amount or fee for implementation the implementation, by the Defense determined in consultation with the implementation unit of the patentee; fail to reach an agreement, by defence Patent Office ruling. 27th National Defense patent compensation. Body on national defense patent issued on national defense patent certificate, pay compensation fees on national defense patent to the national defense patents, specific amounts determined by the body on national defense patent.
    
    
    Belongs to the inventions of Defense patents shall be not less than 50% of the compensation to the inventor.
    The fourth chapter on national defense patent management and protection of the 28th National Defense patent offices belonging to the State of the internal communication on national defense patent published secret documents, their access scope determined by the body on national defense patent.
    Defense patent internal informed published following content: (a) defense patent application in the records of description matters; (ii) defense patent of right requirements book; (three) invention Manual of summary; (four) defense patent of grant; (five) defense patent of terminated; (six) defense patent of invalid declared; (seven) defense patent application right, and defense patent of transfer; (eight) defense patent of specified implementation; (nine) defense patent implementation license contract of record;
    (J) the security classification, decryption of changes on national defense patent (11) secret on national defense patent extension (12) national defense patent holder's name or title, address changes, (13) other related matters.
    29th national defense after the grant of the patent right, any of the following circumstances, agencies agreed on national defense patent, you can consult the Defense patent specifications: (a) declare the patent invalid requests for national defense proposed; (b) needs to implement national defense patent, (iii) defense of patent dispute; (d) for defense-related research needs.
    Check out their State secrets obtained confidential information in the check out process. 30th State Council relevant departments, relevant PLA departments and provinces, autonomous regions and municipalities directly under the management of science, technology and industry for national defense management should designate an authority on national defense patent work and inform national defense patent agencies.
    This management patent authorities working in the business of national defence national defence Patent Office guidance.
    National Defense Research and production, as well as in military ordered army units, State Department to perform the responsibilities of investor companies and institutions directly under the State Council, shall specify the appropriate institutions to manage the Defense patent work.
    31st national defense patent offices should the parties request, following mediation for disputes on national defense patent can be: (a) defence and defence of the right of patent application patent ownership disputes, (ii) patent dispute over the qualification of national defense, (iii) inventor of the invention's reward and compensation disputes and (iv) disputes over royalty payments and the implementation of national defense.
    32nd in addition to the People's Republic of China patent law and outside the provisions of this Ordinance, without the permission of Defense patents to implement its national defense patent, which violated its national defense patent, disputes and resolved by the parties through consultation; not consultation or negotiation, defense the patent holder or an interested person may bring a lawsuit, can also request defense patent agencies.    
    33rd in violation of the provisions of this Ordinance, of disclosing State secrets, according to the People's Republic of China Law on guarding State secrets and the relevant provisions of the State.
    Fifth chapter supplementary articles article 34th national defense patent application for national defense patents and other formalities, fees shall be paid according to the regulations.
    Article 35th of the People's Republic of China patent law and the People's Republic of China implementing regulations of the patent law of relevant regulations applicable to national defense patents, but the regulations have specific provisions in accordance with the provisions of this Ordinance. 36th article of the regulations come into force on November 1, 2004. The State Council on July 30, 1990, the Central Military Commission approved the regulations on national defense patent annulled simultaneously. (End)