Patent application is an important means to protect technological innovation. However, inventions related to national security or major interests often need to go through a confidentiality review process. The review of such patents needs to ensure both the technical quality and strict protection of national secrets.
The following are the core processes for the review of confidential patent applications:
First step: Determination of confidentiality level
After a patent application is submitted, the review institution will first assess whether the technical content involves national security, national defense construction, or key fields (such as energy, communication). According to the degree of sensitivity, the confidentiality level is classified as "top - secret", "confidential", or "secret". For example, military technologies may be classified as "top - secret", while the core technologies of civilian infrastructure may be "confidential".
Second step: Dual - review mechanism
The review of confidential patents is divided into two dimensions: "confidentiality review" and "technical review".

Confidentiality review: It is carried out by full - time examiners who have signed confidentiality agreements. When necessary, external experts may also be invited to participate (experts need to pass the national security background review).

Technical review: Similar to ordinary patents, it is necessary to verify the novelty, inventiveness, and practicality of the technology, but the whole process is carried out in a closed system to avoid data leakage.
Third step: Dynamic confidentiality management
The authorization of a confidential patent does not mean "permanent confidentiality". The review institution will regularly evaluate changes in technical sensitivity: during the confidentiality period, a review is conducted every 1 - 3 years. If the technology has been made public or has lost its strategic value (such as being replaced by more advanced technologies), a de - classification procedure will be initiated. After de - classification, the patent will be converted into an ordinary patent and enter the public database.
Fourth step: Authorization and limited disclosure
Confidential patents that pass the review will be granted an authorization certificate, but the technical details will not be disclosed to the public. Some patents will be disclosed directionally on the government's internal platform. For example, defense - related patents may only be accessible to military - industrial units, ensuring that "only those who need to know can know, and only those who need to use can use".
Fifth step: Special rules for cross - border applications
If the technology needs to apply for a patent overseas, it must pass the domestic confidentiality review in advance. According to the Patent Cooperation Treaty (PCT), if China determines that the technology is a national secret, the applicant shall not directly submit an international application, otherwise, legal liability may be incurred.
Legal liability reminder: All personnel involved in the confidentiality review (including examiners, translators, system maintenance personnel) are required to sign a lifelong confidentiality agreement. According to the Law of the People's Republic of China on Guarding State Secrets, those who intentionally or negligently disclose confidential patent information may be held criminally liable at the highest level.