根據
PCT Rule 22.1(a)規定，各受理局有權根據該國國內法審視國際申請案是否符合該國有關國防安全的法令，但審理時間不應超過一定時間，通常限制於申請日或優先權日後13個月內需要作出是否違反該國國防安全的規定！
[原文]
Rule 22.1(a)If the determination under Article 11(1) is positive, and unless prescriptions concerning national security prevent the international application from being treated as such, the receiving Office shall transmit the record copy to the International Bureau. Such transmittal shall be effected promptly after receipt of the international application or, if a check to preserve national security must be performed, as soon as the necessary clearance has been obtained. In any case, the receiving Office shall transmit the record copy in time for it to reach the International Bureau by the expiration of the 13th month from the priority date. If the transmittal is effected by mail, the receiving Office shall mail the record copy not later than five days prior to the expiration of the 13th month from the priority date.
若經受理局審理該案違反該國國防安全規定，受理局應通知申請人與國際局，該案的副本記錄或包括檢索將不會送件，該案不被受理！
若時間已經接近作出不受理該國際申請案的結論的時候，受理局應於該案優先權（可能為國際申請日）日後17個月內發出通知，包括退費，否則應於13個月內通知受理且遞交至國際局。
根據受理局送件指南，亦引用Rule 22.1(a)，授權各受理局可依據各國國防安全規定形式審理國際申請案
[原文]
32. The
receiving Office, where required by the
national law, reviews the international application for
national security matters (Rule 22.1(a)). Subject to the prescriptions of the national law, international processing may continue. National security clearance should, subject to paragraph 33, be given not later than at the time when the transmittal of the record copy is due under Rule 22.1(a), that is, early enough for the record copy to reach the International Bureau before the expiration of the
13th month from the priority date.
33.
If clearance is refused or has, by the end of the 13th month from the priority date, not been obtained and is not expected to be obtained, the receiving Office notifies (Form PCT/RO/147) the applicant and the International Bureau that the
record copy and the search copy will not be transmitted and that the international application will not be treated as such. If national security clearance is expected to be obtained soon, the receiving Office may postpone its decision to no longer treat the international application as such but must make the said decision and send the invitation before the expiration of 17 months from the priority date if no clearance has been received by that time.
據此，中國當局最近修法，針對中國境內發明提交國外申請案時，應提出「保密審查」，若該案是透過PCT送件，受理局應為中國，若該案不符保密審查的規定，中國有權終止國際申請階段！
Ron
