On the System of Adscription and Exertion of the National-Defense Patent Right in China

The National-Defense Patent Right is not only an important part of the Patent Right System, but also the significant content of the National-Defense research and production management。 In China's legislation, the concept of the National-Defense Patent Right is obscure, the adscription of patent right is not clear, and the National-Defense Patent Right can not be taken full advantage of, which is a long-standing problem。 In October 1st 2009, the new Patent Law has been put into practice in China, a new "patent right enforcement regulation" is also forthcoming, and "the National-Defense Patent Right regulation" should be improved。 During this process, making adscription of the National-Defense Patent Right in China and balancing benefits between nation and patent holders will be in favor of the exertion and use of the National-Defense Patent Right in China。