Official interpretation of the implementation of the patent law changes in response to the relevant questions

China News agency, Beijing, February 3 (Xinhua) The Chinese State Council Press office 3rd on the amendment of the implementation of China's patent law to hold a press conference, the state Intellectual Property Rights Bureau, the Director of law, Yin Yun Tian, said, in order to ensure that China's third revised "patent law" smooth implementation of the implementation of the　　It is of great significance to improve China's patent system to delete the 5 provisions and make substantive changes to the 47 provisions. Regarding the patent secrecy examination of Chinese patent holders to foreign countries, considering the increasing number of cross-border cooperation in research and development, the definition of "inventions or utility models completed in China" as "the invention or utility model completed in China" as "the substantive content of the technical programme" is defined in the patent law, and specific provisions are made for the confidential review procedure,　　It ensures that confidentiality reviews are conducted properly and that applicants are able to obtain confidential review findings in the shortest possible time so that they can apply for a patent in a timely manner. Yin Yun Tian said that the specific embodiment of patent applicants after the application, the State Intellectual Property Office, if it is considered possible to involve confidentiality, the latest within 4 months to inform the applicant, at the latest 6 months to the need to be confidential decision to notify the applicant.　　This is a very strict time limit, it must be completed as soon as possible, if the time limit is not given notice, and no final decision, it allows the applicant to apply for a patent to foreign countries to protect the legitimate rights and interests of the applicant. For journalists on "How to judge or define an invention completed in China involving state secrets, why Time takes 4-6 months" of questioning, Yin Yun Tian responded that the revised "patent Law" and its implementing rules expressly provide for the confidentiality of patent-related inventions relating to national security or significant interests, and expressly " Only the invention and utility model patent applications have confidentiality requirements, all designs do not involve confidentiality issues.　　The review of 4-6 months refers to the longest time, that is, in the most complex cases, the longest is not more than 4 months or 6 months of time to inform the results, not any application will take so long. Yin Xin Tian also interprets the changes in the new genetic Resources information Disclosure system, the Patent evaluation report system, the compulsory licensing system, and the administrative penalty of the Counterfeit Patent Act in China's patent law and its implementing rules. In particular, he pointed out that in order to encourage innovation and promote the development of patents, China's patent law and the implementation of the revised rules, the abolition of the application for maintenance fees, the suspension of the request for fees, compulsory licensing request fees, compulsory licensing fees, such as the request fee for the four charges, and improve the Extend the application of reward criteria to all units, including all enterprise types. Finish)