How to avoid foreign patent infringement
Lawyer's analysis:
To avoid infringement involving foreign elements patent application Confidentiality, State Council patent Where the administrative department considers that an application for a patent for invention or utility model accepted by it involves national security or important interests other than national defense interests and needs to be kept confidential, it shall make a decision to treat it as a confidential patent application in a timely manner and notify the applicant. Examination, reexamination and confidentiality of confidential patent applications patent right The special procedures for invalidation shall be formulated by the patent administration department under the State Council.
Legal basis:
Article 7 of the Rules for the Implementation of the Patent Law of the People's Republic of China
Where a patent application involves national defense interests and needs to be kept confidential, it shall be accepted and examined by the national defense patent agency; Where a patent application accepted by the patent administration department under the State Council involves the interests of national defense and needs to be kept confidential, it shall be promptly transferred to the national defense patent agency for examination. If no reason for rejection is found after examination by the national defense patent agency, the patent administration department under the State Council shall make a decision to grant the national defense patent right.
Where the patent administration department under the State Council considers that an application for a patent for invention or utility model accepted by it involves national security or major interests other than national defense interests and needs to be kept confidential, it shall timely make a decision to treat the application as confidential and notify the applicant. The special procedures for examination and reexamination of confidential patent applications and invalidation of confidential patent rights shall be formulated by the patent administration department under the State Council.
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