Are patents protected if they are not disclosed?

It is one of the basic principles of Patent rights to trade disclosure for protection by not disclosing whether a patent is protected. Regarding the question of whether patent non-disclosure is protected, the editor of Legal Savior Network will give you a detailed answer below.

1. Whether patent non-disclosure is protected

1. To disclose Exchange protection is one of the basic principles of patent rights.

2. Legal basis: "Patent Law of the People's Republic of China"

Article 4 Application If a patented invention or creation involves national security or major interests and needs to be kept confidential, it shall be handled in accordance with relevant national regulations.

2. Patent application process

1. Submit application (prepare application materials;

2. Preliminary review;

The Patent Preliminary Examination Office will review whether formal examination requirements are met, which will take about 3 months;

3. Patent Disclosure;

Within 18 months from the date of application, the Patent Office shall disclose its contents, except for applications for early disclosure (about 6 months); State Council Patent After receiving an application for an invention patent, the administrative agency conducts a preliminary review of its content and determines that it meets the requirements of this Law. It may be made public 18 months from the date of application. Upon application by the applicant, the patent administration department of the State Council may publish it in advance. Application;

4. Substantive examination;

Substantial submission within 3 years from the date of patent application If the request for examination is made and the request fee is paid, the Patent Office will accept the application and start the substantive examination process. The applicant agrees to submit a substantive examination request and pay the substantive examination request fee when submitting the patent application, and enter the substantive examination stage about 6 months later. ;

The examiner of the patent agency willA notice of review action will be issued to determine whether the proposal meets novelty, inventiveness and other substantive conditions for authorization. If there are reasons for rejection, or the scope of application for protection should be narrowed, etc.;

5. Authorization;

When the examiner finds no reason for rejection or the agent meets the authorization conditions after reasonable argument, the Patent Administration will issue a notice to grant the patent right. Receive the patent certificate within 3 months after receiving the notification and paying the fee;

6. Issue the certificate;

If no reason for rejection is found during the substantive examination of the invention patent application, the patent administration department of the State Council shall make a decision to grant the invention patent right, issue an invention patent certificate, and register and announce it at the same time. The invention patent takes effect from the date of publication.

The above is the relevant knowledge compiled by the editor about whether patent non-disclosure is protected. To sum up, generally patents are protected only if they apply for disclosure, unless they involve national security and interests. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.