What are the ways to file a patent secrecy request in a foreign country?-Overseas News-Shenzhen deep trust patent Agency Co., LTD

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What are the ways to file a patent secrecy request in a foreign country?

Release Time：

2022-10-21

A: There are three ways to apply for patent confidentiality examination requests to foreign countries, and the requestor can determine which way to choose according to the specific situation.

Method 1: Directly submit a patent application to a foreign country, and do not submit the corresponding patent application to the State Intellectual Property Office.

In such case, the applicant shall submit to the State Intellectual Property Office, before submitting the patent application to a foreign country, a request for examination of the confidentiality of the patent application to a foreign country and a specification of the technical scheme. If it is clear that the technical proposal does not need to be kept secret, the examiner will promptly inform the requester that it can file a patent application for the technical proposal in a foreign country; If the technical proposal may need to be confidential, the examiner will inform the applicant of the examination opinion that further confidential examination is required and the application for a foreign patent is suspended.

Option 2: Submit a request for confidentiality examination at the same time or after filing the corresponding Chinese patent application with the State Intellectual Property Office.

In such case, before filing a patent application in a foreign country, the applicant may submit a request for confidentiality examination of the patent application in a foreign country at the same time or after filing the Chinese patent application. Different from Mode 1, in the case of mode 2, only a request for confidential review needs to be submitted, and there is no need to submit a technical proposal specification. It should be noted in particular that the content of the patent application submitted to a foreign country should be consistent with the content of the patent application, which is precisely the necessary prerequisite for the submission of the technical proposal specification.

Method 3: File a patent application with the National Intellectual Property Office (as the PCT receiving Office) through the Patent Cooperation Treaty (PCT).

The applicant may submit a PCT international application to the State Intellectual Property Office, which is considered to be a simultaneous request for confidentiality examination of a patent application to a foreign country. In this case, there is no need to submit a separate request for confidentiality review. In this way, at least one applicant who needs to confirm the PCT international application must have Chinese nationality or a Chinese residence or place of business.

If the PCT international application does not require confidentiality, the examiner will proceed in accordance with normal international stage procedures. In this regard, once the State Intellectual Property Office issues the "PCT International Application Number and International Application Date Notice", it means that the confidential examination has been completed and the technical content of the application does not need to be confidential.

If the PCT international application needs to be kept confidential, the Examiner will, within 3 months from the date of filing, issue a notice that the register and search copy will no longer be transmitted for reasons of national security, informing the applicant and the International Bureau that the application will no longer be processed as a PCT international application, terminating the international phase of the procedure. After receiving the above notice, the applicant shall not file a patent application in a foreign country with respect to the content of the application.

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