부산대학교 도서관

Nowadays, national defense science and technology must rely heavily on the development of non-governmental science and technology. In this case, it is imperative to encourage private investment in national defense research and development. This article thinks that if the patent system is used to upgrade the technology of national defense inventions, it is necessary to start with the classified restrictions and special safeguards so as to minimize the obstacles. This study first defines the concept of national defense inventions, clarifies the characteristics of national defense inventions, elicites the most special confidentiality among them, and discusses the differences between the secret patent rights system and the patent application secrecy system. Then it introduces the legal system of the United States and China, PRC, mainly divided into three areas: patent secrets, national secrets, and trade secrets, and compare it with our legal system. Afterwards, it gave specific suggestions on the confidentiality mechanism of national defense inventions, and deduced the necessity, scope, and status of patents for national defense inventions and their special status in patent law. Finally, it proposes amendments to the secrecy review and confidentiality obligations for section 51 of the Patent Law, and further suggests that our country should supplement special provisions for national defense inventions under the patent legal system.