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1. Requirement before filing a foreign patent application (1) Confidentiality Examination for Patent Application Intended to Be Filed Abroad  The documents for the request for the confidentiality examination of the patent application to be filed abroad shall include the Request for Confidentiality Examination of Patent Application to Be Filed Abroad and the description of the technical solution. The Request and the description of the technical solution shall be in Chinese. The person making the request may submit the corresponding documents in foreign languages for the examiner’ s reference. The description of the technical solution shall be identical with the contents of the patent application to be filed abroad.
The examiner conducts the preliminary confidentiality examination to the documents for the request for the confidentiality examination of the patent application to be filed abroad. Where the technical solution is obviously not necessary to be kept secret, the examiner shall promptly notify the person making the request that it or he may file a patent application abroad. Where the technical solution may be required to be kept secret, the examiner shall notify the person making the request that further confidentiality examination shall be conducted and the patent application to be filed abroad shall be suspended. The examiner shall issue the Notification of Confidentiality Examination of Patent Application to Be Filed Abroad, and inform the person making the request of said examination results.
If the person making the request fails to receive the Notification of Confidentiality Examination if Patent Application to Be Filed Abroad within 4 months from the filing date of its or his request, it or he may file a patent application in respect of the technical solution abroad.
Where the person making the request is notified to suspend the patent application to be filed abroad, the examiner shall conduct further confidentiality examination, and if necessary, may invite technical experts in related fields to assist in the examination. The examiner shall issue the Decision on Confidentiality Examination of Patent Application to Be Filed Abroad based on the conclusions of the confidentiality examination, and notify the person making the request of the examination results on whether a patent application in respect of the technical solution to be filed abroad is permitted.
If the person making the request fails to receive the Decision on Confidentiality Examination of Patent Application to Be Filed Abroad within 6 months from the filing date of its or his request, it or he may file a patent application in respect of the technical solution abroad.

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