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What is the approval process for confidential patent applications?
Release Time：
2020-06-08
Source: State Intellectual Property Office Published: 2020-06-08
The confidentiality examiner makes a confidentiality mark on the case file of a patent application determined to be in need of confidentiality, and manages the confidentiality of the patent application before making a decision on its declassification.
The preliminary examination and substantive examination of the confidential patent application are conducted by the examiner designated by the Patent Office of the State Intellectual Property Office.
For a patent application for invention, the preliminary examination and substantive examination are conducted in accordance with the same benchmarks as those for a general patent application for invention. A confidential patent application which passes the preliminary examination shall not be published, and if the request for substantive examination complies with the provisions, it shall directly enter into the substantive examination procedure. If no reason for rejection is found after the substantive examination, a decision on the notification of granting the confidential invention patent right is made, and a notification of granting the invention patent right and a notification of registration procedures are issued.
For a utility model patent application, the preliminary examination is conducted in accordance with the same benchmarks as those for a general utility model patent application. If no reason for rejection is found after the preliminary examination, a decision on granting a confidential utility model patent is made, and a Notice of Grant of Utility Model Patent Right and a Notice of Handling Registration Procedures are issued.
The notice of grant of a confidential patent application publishes only the patent number, the date of filing of the patent application and the date of the notice of grant.
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