BIZCHINA / Intellectual property
Regulations on Patent Commissioning
Updated: 2006-04-17 14:33
Chapter 3 Patent Agents
Article 14 Patent agents that these Regulations hereof stated denote
bearers of "Patent Agent Qualification Certificate" and of "Patent
Agent Working Permit".
Article 15 Chinese citizens who support Constitution as the People's
Republic of China and meet the following conditions may apply to be
patent agents:
(1) over the age of 18 with full capacity for civil behaviors;
(2) graduates of college departments of sciences (or with equivalent
education) in command of one foreign language;
(3) well-versed in the Patent Law and related legal knowledge; and
(4) scientists or lawyers with upwards of 2 years of work experience.
Article 16 Persons who apply to be patent agents will obtain CAP
"Patent Agent Qualification Certificate" after a panel of examination
judges deem him or her qualified.
The panel of judges is composed of persons from CAP, State Council
department and organizations of patent agents.
Article 17 Patent agents shall handle only patent commissioning
services assigned by their patent agencies and shall not accept such
services on their own.
Article 18 Patent agents shall handle patent commissioning services in
two or more patent agencies simultaneously.
Before quitting their jobs at patent agencies, patent agents must
appropriately conclude unsettled commissioned cases.
Article 19 In case bearers of "Patent Agent Qualification Certificate"
fail to engage in patent commissioning business or patent-related
management for 5 years, their "Patent Agent Qualification Certificates"
are automatically rendered ineffective.
Article 20 Patent agents in the course of doing their professional
work or within 1 year of their quitting their profession must not
apply for patents.
Article 21 Patent agents lawfully handling patent commissions shall be
protected by State laws and their work shall not be interfered with by
any unit or individual.
Article 22 State organ staff are forbidden to work at patent agencies
and engage in patent commissioning service in their spare-time.
Article 23 Patent agents have the responsibility to keep the inventions
they get to know in the course of their rendering commission service
s unless relevant patent application have been made public.
Chapter 4 Punishment
Article 24 For one of the following offenses, the governing
authorities or patent administrations of the provinces,
autonomous regions or municipalities directly under the Central
Government may serve a warning to the offending patent agency; in cases
of serious offense, CAP may punish it by ordering its close:
(1) concealing facts in application;
(2) changing major registration items by itself;
(3) accepting and handling patent commission services unauthorizedly or
beyond the approved business scope; and
(4) other illegal activities.
Article 25 For one of the following offenses on the part of patent
agents, relevant patent agencies may criticize the offenders if the
cases are not serious; in cases of serious offenses, patent agencies may
discharge the offenders and revoke their "Patent Agent Work Permit";
relevant patent administrations of the provinces, autonomous regions
or municipalities directly under the Central Government may serve each
offender a warning or CAP may revoke his or her "Patent Agent
Qualification Certificate":
(1) failing to fulfill his or her duties to the detriment of the
interests of the consignors;
(2) disclosing or stealing inventions of the consignors;
(3) going beyond the powers of commission and causing damages to the
interests of the consignors; and
(4) charging through accepting and handling patent commission
services without permission.
If the commissaries' economic losses hass been caused by the behavior as
stated in the previous paragraph, relevant patent agencies, after
making economic pensions, may charge the patent agent in question
according to a given proportion.
Article 26 If a patent agency ordered to close down as a punishment by
CAP and a patent agent whose "Patent Agent Qualification Certificate"
has been revoked do not agree with the decisions of punishment, they
may appeal to CAP for re-examination; if they still fail to be satisfied
with the CAP decision, they may bring the case to a people's court
within 15 days of the receipt of the CAP decision.
Chapter 5 Supplementary Articles
Article 27 The right to interpret these Regulations hereof rests
with CAP.
Article 28 These Regulations hereof become effective as of April 1,
1991. The Temporary Regulations on Patent Commissioning endorsed by
the State Council on September 4, 1985 and promulgated by CAP on
September 12 of the same year is simultaneously canceled.
Page: 1 2
(For more biz stories, please visit Industry Updates)
Most Popular Stories in 48 Hours
� Foreign firms look to hotel sector
� Steelmakers to reject 19% iron ore hike
� Talks start over gov't contracts
� Boeing expects B747-8 success in Asia
� Money supply growth still climbing
Today's Top News
� 21 killed, 1mln evacuated as typhoon hits S.China
� FM brands spying claims 'fictitious'
� US gov't limits Chinese computers use
� Chairman Mao portrait up for auction
� Pay rises by 16% for State sector workers
Top Biz News
� China bans import, export of endangered species
� China Mobile in talks with Google to add Web services
� UK offers aid to improve life in poorest areas
� Nation's first A380 pilot to receive training
� Export of fishery workers to Taiwan resumed
Alibaba is the largest B2B marketplace in the world. Source model ship,
wooden puzzle, one-piece toilet, RC hovercraft, photo album, prom dress,
pocket bike, Vaginal Speculum, Samurai Sword, String Panty and PVC Pipe.
Chinesepod
