Special Requirement for National Defense Patents from the Perspective of Examination—Confidentiality
Confidentiality is one of the essential attributes that distinguishes national defense patents from ordinary patents.It is necessary to conduct an examination during the acceptance,preliminary examination,substantive examination,and reexamination stages of national defense patent applications.However,currently,there are still uncertainties regarding which legal provisions should be used to point out the existing problems of the same invention,whether there is competition and priority application between national defense patent confidentiality provisions and other provisions,and whether confidentiality issues that are not specified in the examination opinion notification necessarily meet confidentiality requirements.Therefore,based on the confidentiality and novelty provisions in patent laws and regulations,this article analyzes and elaborates on the application and priority selection of the above legal provisions through typical cases.Starting from the legislative intention of Article 2 of the Regulations on National Defense Patents and the perspective of the judgment subject of confidentiality examination,this article considers the handling methods of typical cases,in order to make the judgement standards and application situations of confidentiality in national defense patent applications clearer and more unified.
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