Article 19.1 of the Chinese Patent Law mandates that any entity or individual intending to file a patent application abroad for an invention or utility model developed in China must first submit it to the CNIPA (China National Intellectual Property Administration) for a confidentiality examination.

Article 19.4 stipulates that if a foreign patent application is filed without this examination, any corresponding Chinese patent application will be refused. The requirement for confidentiality examination applies to inventions and utility models but not to design patents.

Filing a patent application abroad without prior confidentiality examination by the CNIPA will invalidate the corresponding Chinese patent. One notable case from 2022 involved the invalidation of the utility model patent "Scalable Transmission Assembly Device and Lifting Column" (No. 55586) due to non-compliance with confidentiality examination requirements.

Procedures for Confidentiality Examination

A) Direct Filing Abroad (Section 6.1 of Chapter 5, Part V)

To file a patent application directly in a foreign country or through an international organization, a "Request for Confidentiality Examination of Patent Application to Be Filed Abroad" must be submitted to the CNIPA. The technical solution description must be in Chinese and match the foreign application.

If the CNIPA finds that the technical solution does not require secrecy, the applicant will be notified promptly to proceed with the foreign filing. If the technical solution might require secrecy, further examination will be conducted, and the foreign filing will be withheld.

B) Filing After Domestic Patent Application (Section 6.2 of Chapter 5, Part V)

If a patent application has been filed domestically with the CNIPA, a request for confidentiality examination must be filed before submitting a corresponding foreign application. The foreign application must match the domestic one.

If the confidentiality request is submitted simultaneously with the domestic application, the examination result typically arrives within a week. Otherwise, it may take about a month. In complex cases, the CNIPA may issue a notification to withhold the foreign application within two months and conclude the examination within four to six months.

C) International Application Filing (Section 6.3 of Chapter 5, Part V)

Filing an international application with the CNIPA automatically includes a request for confidentiality examination. If no secrecy requirement is found, the international application proceeds normally. If secrecy is required, the CNIPA will issue a notification within three months, terminating the international phase. The applicant is then prohibited from filing a patent application abroad for the same subject matter.