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ARTICLE · 30 MAY 2022

Secrecy Review (Foreign Filing License) In China

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On May 9, 2022, Reexamination and Invalidation Department of the CNIPA issued a Patent Invalidation Decision (No. 55586) where the patent was invalidated in its entirety due to "not filing a request secrecy review with the CNIPA before filing outside of China".

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On May 9, 2022, Reexamination and Invalidation Department of the CNIPA issued a Patent Invalidation Decision (No. 55586) where the patent was invalidated in its entirety due to "not filing a request secrecy review with the CNIPA before filing outside of China", which attracted extensive attention of many industry and legal experts. In order that you could better understand this requirement in China and find a more suitable patent filing strategy for your inventions made in China, we hereby provide some basic information about the secrecy review (i.e. foreign filing license) in China for your reference.

In China, a secrecy review is always required for an invention or a utility model that is developed in China (inventions developed in Chinese Hong Kong, Macao and Taiwan are excluded), before filing in a foreign country other than China, even if a domestic filing has been made in China first.

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