Research On The Secrecy Mechanism Of China’s National Defense Patent Transformation

Since the nation established the Civil-Military Integration strategy,the marketization of national defense patents has become an important booster to promote military technology and national economic development.Although national defense patent is a part of patent,it has the characteristic of confidentiality,which makes it substantially different from the disclosure nature of ordinary patents.By summarizing and analyzing existing laws,regulations and the implementation of national defense patent,it is found that for quite a period of time in the past the nation has been implementing a relatively strict regulation over national patents the nation,which has hindered the marketization of national defense patents.First of all,in terms of patent encryption mechanism,the legal responsibilities of patent application and encryption in the agencies are inconsistent with each other.This kind of discordance renders the application procedures cumbersome,which dispels enthusiasm for application among private enterprises.In addition,the existing national defense patent system have only two levels of confidentiality,confidential and secret,which cannot reflect the differential confidentiality necessity.Based on this,it is recommended to set up a special defense patent management department under the ordinary patents system.At the same time,the department should determine whether the confidentiality period of a patent should be extent or canceled depending on the situation when the patent confidentiality period expires.Furthermore,it is recommended to further divide the security level into five levels and manage patents based upon levels accordingly.Secondly,in terms of patent decryption mechanism,there are different decryption approaches for patent invented by governmental agencies and patent invent by private enterprises,which makes the decryption standards un-unified,resulting in inconsistent decryption between the two parties.Therefore,it is recommended to establish a special decryption agency,which should be responsible for establishing a unified decryption standard.Based upon this unified standard,the department should regularly revie the existing patents and decide the necessity of decryption.As for the decryption procedure,the decryption department should also be responsible for optimizing the initiative of decryption application and for adjusting the period of passive decryption.Finally,in order to establish a well-performed defense patent marketization mechanism,a series of supporting reforms should also be implemented.At the legal level,it is necessary to clarify the subject of rights and the principle of interests distribution.To be specific,right and interests should be classified and managed according to the subject of investment and invention,that is,direct investment by the state,inventions commissioned by the state,and private inventions.As for patent compensation,the standard and method should be transformed from bureaucrat-oriented to market-oriented.And it is also important to clarify the degree,content,and method of patent information disclosure.Basically,These proposals basically follow the principle of national security priority,the principle of balance of interests,the principle of contract priority and the principle of collaborative innovation,so that they are compatible with China’s military-civilian integration policy at the current stage.