Wuxi patent lawyer specializes in copyright litigation and has a high authorization rate. Wuxi trade secret lawyer

Wuxi patent lawyer focuses on copyright litigation and has a high authorization rate. Wuxi trade secret lawyer
Wuxi patent lawyer consultation hotline, how to apply for patent protection. Applying for foreign-related patents cannot be ignored. Introduction to the patent confidentiality review system: Applying for a patent is a relatively complicated process, and the application This is especially true for international patents. In addition to the different patent systems and review processes in different countries, there is also a patent confidentiality review system that must be faced.
As China's international trade becomes more and more frequent, more and more Chinese products with independent intellectual property rights are going abroad. It can be said that before the product is developed, intellectual property rights come first, so more and more Chinese companies/individuals are beginning to lay out and apply for international patents.
Applying for a patent is a relatively complicated process, and applying for an international patent is even more so. In addition to the different patent systems and review processes in different countries, there is also a patent confidentiality review system that must be faced.
According to Article 20, Paragraph 1 of the Patent Law, any unit or individual that applies for a patent in a foreign country for an invention or utility model completed in China must report it to the Patent Office for confidentiality review in advance.
Therefore, the patent confidentiality system can also be understood as a means for the country to prevent the leakage of technologies that threaten national security.
Interpreted from the perspective of regulations, the key points of this system are the following three points
① Completed in China
The invention must be completed in China (Mainland) to qualify as The scope of application of this law. In other words, this has nothing to do with whether the applicant or inventor is a Chinese citizen/Chinese enterprise.
Therefore, even if a multinational company is established in China, as long as it is a patented technology developed in China, it must go through a confidentiality review process before submitting a patent application abroad.
② There is a need to apply for a patent abroad
I have written about the interpretation of patent rights before: Patents are territorial, which means that in which country/region the applicant applies for the patent, Country is protected.
Therefore, this law only applies to applicants who need to apply for international patents. If the applicant only applies and uses it in mainland China, no confidentiality review is required.
③Inventions and utility models only
Patents are divided into three types: inventions, utility models and designs. Applications for international patents for designs do not need to undergo confidentiality review.
What problems will occur if the patent confidentiality review system is not implemented as required?

If a patent application is submitted directly to a foreign country without prior confidentiality review by the Patent Examination Authority of the State Council, the patent will not be granted if the technology is returned to mainland China to apply for a patent in the future
Even if it is Because of the examiner's negligence, the patent right was obtained by luck, but the patent may be invalidated in the future due to this reason.
In addition
With the increasing popularity of technology trading, some technologies are also traded internationally, which are officially called technology exports.
The relevant laws of our country stipulate that the technology to be exported must hold relevant certificates such as "Technology Import and Export License". The prerequisite for applying for this certificate is that the patent must pass patent confidentiality review.
Patent confidentiality review is divided into two situations
One is to apply for a patent in China first and then apply for an international patent
The other is to apply abroad first and then transfer the patent back to China. .
Regardless of whether you apply to China first or apply to a foreign country first, the time limit requires that relevant materials be submitted to the State Intellectual Property Office before submitting an international application.
Applying for Patent Confidentiality Review
What materials are needed?
In fact, it is very simple. You only need to provide a request for patent confidentiality review abroad and a detailed technical solution description.
The requirement for the description is that it must be filled in Chinese, and the content must be consistent with the patent application materials to be submitted abroad.
After receiving the materials, the State Intellectual Property Office will arrange for a dedicated person to review the materials as soon as possible. If the materials do not meet the relevant regulations, the applicant will be notified to make modifications or additions.
If the examination results determine that the patent needs to be kept confidential, a notice of suspension of foreign application will be issued and the applicant will also be notified of patents that do not need to be kept confidential.
What should I do if the State Intellectual Property Office delays in issuing
the relevant notice?
You can’t wait forever, right?
In fact, the law has already stipulated that if you do not receive the confidentiality review opinion notice issued by the State Intellectual Property Office within four months from the date of submission, you can directly submit an international patent application. China's protection will have no impact.
Even if an examination opinion was previously issued requiring the applicant to suspend the international application, if no new examination opinion is issued within six months from the date of submission, the patent application can still be submitted to a foreign country.
With the increasing economic, technological and cultural exchanges at home and abroad, there are also more and more technical exchanges.
When companies apply for patents, they must pay attention to these rigid laws and regulations, so as not to cause unnecessary trouble to their future patent layout.
Wuxi Trade Secret Lawyer Consultation Hotline, Hunan Army team lawyers have been engaged in intellectual property business for a long time, and have rich experience in patent and trademark related applications and litigation, especially in patent protection, validity, use rights, scope of claims, Infringement and implementation, foreign patent application, patent design and trademark selection, we are often entrusted by enterprises to provide implementation and development suggestions on intellectual property planning and practice, as well as identification and protection of trade secrets. Mr. Chen’s clients range from independent inventors seeking simple intellectual property protection for their inventions to various growing large and medium-sized enterprises. While providing professional legal services, Attorney Chen not only brings rich professional background knowledge to the company, but also carefully considers the needs of clients at different stages of development.