Regulation on National Defense Patent
Order of the State Council and Central Military Commission [2004] No.418
September 17, 2004
Regulation on National Defense Patent is promulgated hereby and shall come into force as of November 1, 2004.
Premier of the State Council Wen Jiabao
Chairman of the Central Military Commission Jiang Zemin
Appendix: Regulation on National Defense Patent
Chapter I General Provisions
Article 1 The present Regulation is formulated in accordance with the Patent Law of the People's Republic of China for the purposes of protecting the patent rights of the pertinent national defense inventions, safeguarding the state secrets, facilitating the popularization and application of inventions and creations, promoting the development of science and technology for national defense and meeting the demands of the modern construction of national defense.
Article 2 The "national defense patent" refers to the patent of any invention that relates to the national defense interests, which is potentially important to the national defense construction and thus should be kept confidential.
Article 3 The national defense patent institution of the state (hereinafter to the NDPI) shall be responsible for accepting and examining the applications for national defense patent. If, upon examination, the NDPI believes that an applicant meets the relevant requirements of the present Regulation, the patent administrative department of the State Council shall grant the national defense patent right to the applicant.
The administrative department of science, technology and industry for national defense of the State Council and the General Armament Department of the People's Liberation Army (hereinafter referred to as the GAD) shall be responsible for the management of national defense patents of the local system and army system respectively.
Article 4 As for an invention that relates to the national defense interests or is determined as the top secret of the state for its potential importance to national defense construction, no one may apply for determining it as a national defense patent.
Prior to declassification, the applications for national defense patent and the work of keeping national patent confidential shall be managed in accordance with the Law of the People's Republic of China on Guarding State Secrets and other relevant provisions.
Article 5 The term of protection fora national defense patent shall be 20 years. It shall be calculated from the date of filing an application.
Article 6 Within the term of protection for a national defense patent, if it is necessary to change the security classification of the national defense patent, to declassify the national defense patent or to extend term of confidentiality after the termination of the national defense patent right, the NDPI may make a relevant decision accordingly. However, if it has been determined as a state secret before an application is filed for determining it as a national defense patent, permission shall be obtained from the organ or entity that previously determines the security classification and the term of confidentiality, or from its superior organ.
An entity or individual who has been granted the right of a national defense patent (hereinafter referred to as the patentee of a national defense patent) may file a written application with the NDPI for changing the security classification, declassifying the national defense patent or extending the term of confidentiality. If the entity is a state-owned enterprise or public institution or military entity, such an application shall be accompanied by the opinions of the organ or entity that previously determines the security classification and the term of confidentiality, or by the opinions of its superior organ.
The NDPI shall publish the decision of changing the security classification, declassifying the national defense patent or extending the term of confidentiality on its Internal Bulletin for National Defense Patent, inform the patentee of the national defense patent of it, and simultaneously submit the declassified national defense patent to the patent administrative department of the State Council for changing it into a general patent. The patent administrative department of the State Council shall timely announce the declassified national defense patent to the general public.
Article 7 The right to apply for a national defense patent and the right of a national defense patent may be transferred to a Chinese entity or individual within China upon approval.
When transferring the right to apply for a national defense patent or the right of a national defense patent, one shall ensure that the state secrets won't be divulged, shall guarantee that construction of national defense and the army won't be affected and shall file a written application with the NDPI.
......
Order of the State Council and Central Military Commission [2004] No.418
September 17, 2004
Regulation on National Defense Patent is promulgated hereby and shall come into force as of November 1, 2004.
Premier of the State Council Wen Jiabao
Chairman of the Central Military Commission Jiang Zemin
Appendix: Regulation on National Defense Patent
Chapter I General Provisions
Article 1 The present Regulation is formulated in accordance with the Patent Law of the People's Republic of China for the purposes of protecting the patent rights of the pertinent national defense inventions, safeguarding the state secrets, facilitating the popularization and application of inventions and creations, promoting the development of science and technology for national defense and meeting the demands of the modern construction of national defense.
Article 2 The "national defense patent" refers to the patent of any invention that relates to the national defense interests, which is potentially important to the national defense construction and thus should be kept confidential.
Article 3 The national defense patent institution of the state (hereinafter to the NDPI) shall be responsible for accepting and examining the applications for national defense patent. If, upon examination, the NDPI believes that an applicant meets the relevant requirements of the present Regulation, the patent administrative department of the State Council shall grant the national defense patent right to the applicant.
The administrative department of science, technology and industry for national defense of the State Council and the General Armament Department of the People's Liberation Army (hereinafter referred to as the GAD) shall be responsible for the management of national defense patents of the local system and army system respectively.
Article 4 As for an invention that relates to the national defense interests or is determined as the top secret of the state for its potential importance to national defense construction, no one may apply for determining it as a national defense patent.
Prior to declassification, the applications for national defense patent and the work of keeping national patent confidential shall be managed in accordance with the Law of the People's Republic of China on Guarding State Secrets and other relevant provisions.
Article 5 The term of protection fora national defense patent shall be 20 years. It shall be calculated from the date of filing an application.
Article 6 Within the term of protection for a national defense patent, if it is necessary to change the security classification of the national defense patent, to declassify the national defense patent or to extend term of confidentiality after the termination of the national defense patent right, the NDPI may make a relevant decision accordingly. However, if it has been determined as a state secret before an application is filed for determining it as a national defense patent, permission shall be obtained from the organ or entity that previously determines the security classification and the term of confidentiality, or from its superior organ.
An entity or individual who has been granted the right of a national defense patent (hereinafter referred to as the patentee of a national defense patent) may file a written application with the NDPI for changing the security classification, declassifying the national defense patent or extending the term of confidentiality. If the entity is a state-owned enterprise or public institution or military entity, such an application shall be accompanied by the opinions of the organ or entity that previously determines the security classification and the term of confidentiality, or by the opinions of its superior organ.
The NDPI shall publish the decision of changing the security classification, declassifying the national defense patent or extending the term of confidentiality on its Internal Bulletin for National Defense Patent, inform the patentee of the national defense patent of it, and simultaneously submit the declassified national defense patent to the patent administrative department of the State Council for changing it into a general patent. The patent administrative department of the State Council shall timely announce the declassified national defense patent to the general public.
Article 7 The right to apply for a national defense patent and the right of a national defense patent may be transferred to a Chinese entity or individual within China upon approval.
When transferring the right to apply for a national defense patent or the right of a national defense patent, one shall ensure that the state secrets won't be divulged, shall guarantee that construction of national defense and the army won't be affected and shall file a written application with the NDPI.
......