Confidentiality review system under Patent Law in China

Most countries have established confidentiality review measures to first conduct a confidentiality review where a foreign patent application needs to be made for an invention/creation so as to determine whether it has a bearing on national security or material interests.

Pursuant to the first paragraph of article 20 of the Patent Law, so long as an invention or utility model is completed in China, the inventor – whether a citizen or a resident of China – is required to first submit a request for confidentiality review to the State Intellectual Property Office (SIPO), and may only apply for a foreign patent after receiving permission to do so. As for designs, since they do not involve technical improvements, the Patent Law does not set any requirements.

Application denied

Article 20 of the Patent Law additionally specifies that if an applicant applies for a foreign patent in violation of the first paragraph and further applies for a patent for the same invention or utility model in China, the grant of a patent under the China patent application will be denied.

Zhou Yarong is a patent attorney at China Sinda