patent refers to patents, patent licensing trade, or to resolve a patent dispute process, the patent applicant (or patent owner) to appoint a qualified patent attorney duly authorized in the Patent Office in patent agency staff working as an agent, within the delegated authority to the client's name, in accordance with the provisions of the Patent Law to the Patent Office for patent applications or other patent office for the civil legal act. Patent agents also include patent attorneys who received the request for invalidation of the commission, as agent, within the delegated authority to the client's behalf, in accordance with the provisions of patent law for the Patent Reexamination Board related to the request for invalidation matters.
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Introduction patent agent patent agent patent applications have the purpose of why the status of the main advantages of our system 1. Conducive to the patent applicant 2. Will help improve the efficiency of patent examination authority 3. conducive to safeguarding national legal order 4. is conducive to technical trading, the implementation of the patent rent 5. to a foreign patent application must pass the basic duty of a patent agent. offer advice whether to apply for a patent 2. writing of patent documents, for a variety of patent procedures 3. promote the implementation of patented technologies, trade management practices of patent licensing Chapter I General Provisions Chapter II Chapter III Chapter IV patent agent patent agency practice and patent agents Supplementary Provisions Chapter annual inspection approach to patent inspection agency to manage the content of the material provided patent agent patent agent qualification profile is obtained after examination by a particular, any other institutions and individuals not entitled to commission, can not engage in patent agency work. Patent agency handling patent patent agency may contact, to write the patent application documents and handling patent applications,
air force one shoes, requesting substantive examination or a reexamination of the relevant transaction, the request revocation of the patent, and other relevant matters in Patent, for the transfer of patent rights, to resolve patent applications, patent ownership disputes and other matters. Patent agency work in the whole patent system is an indispensable part. Patent agency work in promoting the construction and development of the patent system plays an important role. Cause the purpose of patent applications have the ultimate goal of the patent application is to obtain patents, in the event of patent infringement and other patent litigation, patent offices, or can the people's court proceedings, request investigation. Approval of the patent or a patent dispute settlement with the patent application documents of legal significance, especially the content of the claims. These well-written and meticulous documentation requirements, impeccable, both technical features of the invention to make the greatest degree of protection, but not so infringe the rights of others, or to protect the public know the technical features. Many inventors, designers especially for the initial application invention patent application, because of the effective legal protection. Patent application procedures as cumbersome application process many transactions to complete work on time, often in the invention, most of whom are not good at these jobs, it is necessary to resolve through a patent agent. The status of our system of patent system in China is accompanied by the emergence of the birth of the patent system, and is still relatively young, yet to be standardized and improved. The main advantage of 1. Benefit patent applicants first ensure that the inventor or assignee the right to legally obtain and maintain patent rights for the various statutory procedures. Because the acquisition of a patent to go through many procedures, including filing a patent application, the preparation of requirements specification and its abstract and tedious books. Public technical instructions and requests the claims the scope of protection must be coordinated, not the technical content can not be open for protection, although not openly, but are not given proper protection is sought in the corresponding rights. Write to claim special legal language must be accurately limit the scope of protection. In the patent application, but also pay attention to cause adverse legal consequences follow the restrictions. If the violation of national laws or social morality or detrimental to public interest inventions, can not apply; lack of a patent shall have the condition, can not apply; also raised objections to the public timely patent defense, declaring the patent invalid or revoked and the violation patent right to the people's court and shown with pay on time in order to maintain the patent in patent fees. To be completed timely and correctly written law procedures and requirements, we need to understand the invention of technical knowledge, to master the requirements of patent law and real, familiar with the patent business, have dedicated time and energy these jobs, and patent agents can help inventors successfully completed the necessary work. Second, you can maintain the inventor or assignee's legal interest. Patent agents not only timely and correctly to achieve and maintain the other party patent procedures and requirements of various statutory and, more importantly, to act effectively through the implementation of these laws is the principal interests. 2. Will help improve the efficiency of patent examination authority of the patent examination authority Shouli application, approval, issued patents efficiency, in addition to the staff of the organ and other conditions of professional quality, but also the patent application documents provided by the applicant related to quality. Because the file does not meet the requirements of one application, it is necessary to modify or corrections. Would be difficult to review and delay the processing time, and some will leave to the future hidden patent disputes occur,
air force 1 shoes, so good patent agent, effective work is to improve the efficiency of patent examination authorities the important factor. 3. Is conducive to safeguarding national legal order is the core of the patent system, Promote the implementation of patent agents charged with the Since the patent agent is by specially trained professionals to serve as legal, therefore, in the process of patent application, objections, and the invalidation of other items of patent licenses, trade matters, you can try to conform to the and regulations to avoid illegal and as to minimize unnecessary disputes. In the event of patent disputes, disputes involving infringement news mostly to complex technical problems. Therefore, the general judicial officers often feel difficult. In the case, patent attorneys can play not only understands the law but also understands there are favorable conditions for technology to assist judicial officers to ascertain the facts, making the patent disputes can be properly resolved. Patent Agents can also help people understand and master the patent infringement occurs,
air force one low, the use of networks of the country's patent agency to supervise effectively, good for protecting the legitimate interests of patent holders. 4. Is conducive to technical trade, rent implementation of the patent patent patent attorney is an important component of the system. As patent attorneys involved in the patent application, examination and approval of all the various stages affairs, so to get the technical details of the patent and technical indicators, function, use and understanding of the legal status. Meanwhile, patent agents and patent information systems are closely linked, through various channels to master a large number of technical market information. Thus, a patent license for the conduct of trade as the main content of the technology trade, patent agents and technology to become the inventor of the ideal intermediary between applications, play a communication link between the bridge of information. Patent law has a variety of more comprehensive grasp of the technical trade negotiations and contracting process, can act as a legal consultant to various terms of the contract set for guidance. The more correct conclusion of a contract, rigorous, clear and consistent with national laws and regulations. 5. To foreign patent application must pass the patent of the relevant agreement, entrust a patent agency designated State for. patent agents to provide services before the invention of the invention for the content,
air force 1 high, you should first provide the possibility for the invention patent application for a patent or whether the advice is worth. (1) patent agents should first be based on China's In addition, part of the Patent agent's mission is to explain to the invention (2) of the invention, is to seek patent protection, or to create a confidential way of invention, patent agents should be based on objective technical and economic state of affairs, on balance, to the inventor to provide practical choice views. (3) patented technology to effectively grasp the value of the availability of the Necessary to conduct novelty search, learn whether the new invention recently than the existing level of technology, whether it be implemented. Otherwise, the patent agent must be the interests of inventors, patent counsel them not to waste money and time. (4) should give full attention to the economic benefits of invention. Although if a patentable invention, but its application range is very narrow, not mass production into the market, not able to achieve commercial success, patent agents should advise the parties to abandon the patent application. Because a patent application, pay a fee, the patent application to obtain patent the results of several patent, the patentee must be the highest economic benefit as a precondition. Out of the applicant, the inventor, the patent holder other than an advisory services, patent agents also may be involvement of other parties, if the opposition were involved in licensing the patent litigants and provide advisory services to trade clients. Note that, in the consultation process, the need to prevent flicker. At present, the common situation of being Huyou such as: 1. No matter what advice, and even introduce you to their technology ranging from to assure you can be patented, and even promise that security authorization. 2. To avoid in the patent agent qualification need to have the facts, do not have the appropriate qualifications in the case, following the relevant agency. 2. Writing of patent documents, for a variety of patent legal formalities of patent documents as strong, technically demanding, usually not easy to complete the inventor or unwilling to do the job. The patent agent's responsibility to accurately document the various write a good patent. Of patent documents is mainly description of the invention, the claims, and other application documents, as well as the various parties to write a review, objections for invalidation of patent compulsory license, infringement litigation and other aspects of the file. Drafting patent documents must be meticulous, and claims the invention written in the book is good or bad, not only the interests of the applicant has the significance of the decision, and the third is also a great effect on people; patent application if the delay time will be given to inventors with to irreparable damage; writing if the claim was made wide or narrow the scope of protection, if the technical specifications in real terms in the invention can not fully open, all patent applications would have adverse consequences. Procedures for a variety of patents, the main challenge for the applicants for the procedure; person making the request is invalid for the request for invalidation procedures; to the patentee for patent registration, the transfer of patent rights, patent infringement litigation procedures, etc. . Note that the applicant agency in the process, we must actively cooperate with the agent's work, and actively provide technical information and technical support. After the commissioning agent should not turn a blind eye to, as if this thing is not the same as their own. To know whether the patent application is approved, and approved by the size of the scope of rights, all patents and patent interests of the applicant or closely related. And is prohibited bargain is a bargain, that is, a bad start, after basically no chance to make up, for example, have already been submitted to the Patent Office would like to add after the information is not allowed. 3. Promote the application of patented technologies, the implementation of patent licensing trade is the creation of the patented invention into productive forces. After the applicant has obtained patents,
nike air force one, patent agent's main task is the protection of patents and patent technology implementation. In the case of patent disputes, the parties may appoint a patent agent for dispute resolution programs; during the licensing trade, patent agents should be based on market demand, technological level of the receiving party's technical and production capacity and other factors, to help the parties determine the license conditions, and can represent it in negotiating, drafting patent licensing trade contracts. Regulations Chapter I General Provisions Article order to improve the patent system, and maintain the normal order of patent agency industry, protection of patent agencies and patent agents to practice law, according to the this approach. The second State Intellectual Property Office and the provinces, autonomous regions and municipalities Intellectual Property Office in accordance with the China Patent Agents Association shall organize and guide the patent agencies and patent agents to perform the Chapter patent agencies and the offices of the establishment, alteration, suspension and revocation of the third patent agency organization in the form of patent agency partnership or limited liability patent agency. Partnership patent agency shall be three or more partners launched a joint venture, limited liability patent agency shall be jointly invested more than 5 launch. Partnership patent agency partner's debts to the patent agency jointly and severally liable; limited liability patent agency all of the assets of the institution liable for its debts. Article establishment of patent agency shall meet the following conditions: (a) comply with the provisions of Article VII of the way name of the institution; (b) has a partnership agreement or articles of association; (c) has found the way to fifth, the sixth article of the partnership or shareholders; (d) have the necessary funds. A partnership patent agency, which shall be no less than 5 million yuan of funds; establishment of a limited liability patent agency, which shall be no less than 10 million yuan of funds; (e) has fixed premises and necessary working facilities. Application for patent law firm offering business, practicing in the firm full-time lawyers should have three or more patent agent qualification. Article patent agency partners or shareholders shall meet the following conditions: (a) a patent agent qualification; (b) More than 2 years experience in patent agency practice; (c) to full-time in the patent agency services; ( d) when the application for establishing a patent agency no more than 65 years of age; (e) of good character. Article VI of the following circumstances, shall not be used as a patent agency partner or shareholder: (a) does not have full civil capacity; (b) in the state organs or enterprises, public institutions, not for the formal resignation, dismissal or retired, retirement procedures; (c) as a patent agency to another partner or shareholder of less than 2 years; (d) by the reprimanded by certificate less than 3 years; (e) subject to criminal penalties (other than criminal negligence.) Article VII of the patent agency shall only have and use a name. The name of the patent agency shall be the institution where the city name, size, The font size shall not in the country and are using or have used the same patent agency or similar to the font size. Law firms engaged in patent agency services, you can use the name of the firm. Article VIII of the establishment of a patent agency shall submit the following application materials: (a) establishing a patent agency application form; (b) of the patent agency's partnership agreement or articles of association; (c) the capital verification certificate; (d) the patent agent qualification certificates and ID cards; (e) resumes and retired personnel file and copies of documents; (f) office space and working facilities; (vii) other necessary documents. Application firms run the patent agency services shall submit the following application materials: (a) in patent commissioning business applications; (b) in charge of the administration of justice in the law firm issued by the consent authority to run the patent agency services; ( c) the law firm partnership agreement or articles of association; (d) permit to practice law firm and a copy of proof of funds; (e) Certificate of lawyer patent agents, patent agent qualification certificates and ID cards; ( f) office space and working facilities; (vii) other necessary documents. The evidence should be the establishment of the patent application or engaged in patent agency business within 6 months prior to the documents provided. Article IX patent agency set up the approval process is as follows: (a) for the establishment of a patent agency shall be its province, autonomous regions and municipalities Intellectual Property Office to apply. Upon review, the provinces, autonomous regions and municipalities Intellectual Property Office that the conditions in this Regulation shall be the date of receipt of the application submitted to the State Intellectual Property Office within 30 days of approval; that does not meet the conditions of these Regulations, shall receive applications within 30 days from the date of written notice to the applicant. (B) of the State Intellectual Property Office on the conditions in this Regulation to apply, should be receiving the materials submitted for approval within 30 days from the date of the decision, notify the report of the provinces, autonomous regions and municipalities Intellectual Property Office, presented to the newly established institutions registration certificate and patent agency organization code; do not meet the conditions to apply these rules should be receiving the materials submitted within 30 days from the date of notification to report the provinces, autonomous regions, municipalities directly under re-examination of intellectual property offices. Law firm offering patent application for the business, refer to the above requirements for approval. Article patent agencies change the name, address, articles of association, registered partner or shareholder of such matters, it shall apply to the State Intellectual Property Office, also reported that the province, autonomous regions and municipalities Intellectual Property Office. Changes approved by the State Intellectual Property Office to take effect. Article XI suspension or revocation of the patent agency, it should be in the proper handling of various matters not settled after its province, autonomous regions and municipalities directly under the Intellectual Property Office. Examined and approved, it shall be the patent agency return the registration card and identification card of provinces, autonomous regions and municipalities Intellectual Property Office, State Intellectual Property Office to the suspension or revocation procedures. Article XII of the patent agency set up offices in the province, it shall be to the location of the provinces, autonomous regions and municipalities Intellectual Property Office applications. If approved, the provinces, autonomous regions and municipalities Intellectual Property Office of the State Intellectual Property Bureau. Patent agency set up offices in the provinces shall be the seat of the provinces, autonomous regions, municipalities directly under the consent of Intellectual Property Office, the offices of the provinces, autonomous regions and municipalities Intellectual Property Office applications. Approved by the offices of the provinces, autonomous regions and municipalities directly under the State Intellectual Property Office Intellectual Property Office of the record. Establish an office to apply Article XIII of the patent agency shall meet the following conditions: (a) establish a time at least 2 years; (b) has more than 10 patent agents; (c) inspection by the previous year. Article XIV of the offices of the patent agency shall meet the following conditions: (a) with two or more agencies accredited by the patent or patent agents employed full-time; (b) have a fixed office space and necessary funds; (c) The name of office by the patent agency, full name, office name of the city and the Article XV of all provinces, autonomous regions and municipalities directly under the provisions of Intellectual Property Office can be attached to the patent agency set up offices in their administrative areas and other conditions and procedures, and the relevant provisions of the State Intellectual Property Bureau. Article XVI of the office patent agency shall apply for patent on behalf of their individual business, its personnel, finance, business and other unified by their respective patent agency management. Patent agency offices of their business activities shall bear civil liability. Patent agency set up offices in the provinces, the offices shall accept the office of provinces, autonomous regions and municipalities directly under the guidance and supervision of intellectual property offices. Article XVII office closure or revocation, shall properly handle the various matters not settled after the offices of provinces, autonomous regions and municipalities Intellectual Property Office applications. Approved by the State Intellectual Property Office Intellectual Property Office of the record, at the same time send a copy to the patent agency of provinces, autonomous regions and municipalities Intellectual Property Office. Suspension or revocation of the patent agency, whose offices shall also terminate. Chapter XVIII the practice of patent agents to practice a patent agents shall be subject to the patent agency approved the recruitment, appointment, and holds a patent agent practicing certificate. Article XIX employ patent agencies and patent agents shall be in accordance with the principle of consensus, voluntary and patent agents employed by the employment agreement entered into. Employment agreement entered into between the parties shall abide by and fulfill the agreement. Diershitiao issued patent agents practicing certificate shall meet the following conditions: (a) a patent agent qualification; (b) to full-time in the patent agency services; (c) does not have a patent agent or patent examination experience in patent agency personnel at least 1 year of continuous training and to participate in job training; (d) employed by the patent agency; (e) age at the time issued no more than 70 years of age; (f) of good character. Article one of the following circumstances, shall not be issued certificates to practice patent agents: (a) does not have full civil capacity; (b) prior to application to practice in another patent agency, the patent agency has not yet been dismissal did not apply for cancellation of patent agents practicing certificate procedures; (c) After receiving license to practice the patent agent is converted less than 1 year patent agency; (d) by the disciplinary professional practice certificates of patent agents under 3 years; (e) subject to criminal penalties (other than criminal negligence.) Twenty-two applications for the professional practice certificates issued patent agents shall submit the following materials: (a) patent agents practicing card application form; (b) the patent agent qualification certificates and ID cards; (c) personnel file or RETIRED copies of documents; (d) issued by patent agency employment agreement; (e) prior to application in the practice of other patent agency shall be submitted to the patent agency's dismissal of proof; (f) for the first time for the issuance of the patent agency practice certificate, which shall be submitted to the internship intern issued by patent agency induction training certificate and proof of participation. Twenty-three commissioned by the State Intellectual Property Office China Patent Agents Association is responsible for issuance, change and cancellation of permits patent agents practicing specific matters. Twenty-four of the audited, the All-China Patent Agents Patent Agents Association that the application for practice permit issued by the conditions of this Regulation shall be in receipt of the application within 15 days from the date of patent agents practicing certificates issued; that does not meet the conditions shall be the date of receipt of the application within 15 days written notice to the applicant. Twenty-five patent agency dismissed the patent agent shall be notified 30 days in advance of the patent agent; patent attorneys to resign, it shall notify his 30 days in advance of the patent agency. Patent agencies and patent agents to solicit, it should be recovered by the patent agent patent agent to practice his card, issued by the dismissal of proof and dismissed the certificate issued within 10 days from the date of the patent to the All-China Patent Agents Association for people practice card cancellation procedures. Twenty-six suspension or revocation of the patent agency, it shall be provinces, autonomous regions and municipalities Intellectual Property Office for examination and approval within 10 days from the date, to recover all of its patent agents practicing certificates to apply for China Patent Agents Association of Patent agents practicing certificate cancellation procedures.第二 seventeen-China Patent Agents Association shall issue, change or cancellation of license to practice patent agent within 5 days from the date of filing to the State Intellectual Property Office and submitted relevant materials, copied to the patent agency of the province, municipalities Intellectual Property Office. Twenty-eighth Articles of patent agents practicing certificate holder shall not in the name of patent agents, for the sake of economic interests in patent agency business. Twenty-ninth franchised agents shall handle only patent agency business where the name of the patent agency entrusted with the client enter into a written agency agreement, collect fees, and truthfully recorded. Patent agents shall accept the commission privately, for the patent agency services for a fee. Chapter IV patent agencies and patent agents ten third annual State Intellectual Property Office is responsible for organizing, guiding the patent agencies and patent agents in the inspection, commissioned by the provinces, autonomous regions and municipalities directly under the Patent Office Intellectual Property Office and the concrete implementation of national defense patent agencies and patent agents inspection. Where an approved patent agency set up and run the patent agency business law firm shall participate in the annual inspection. Patent agency with offices in the patent agency shall participate in the annual inspection, the material at the same time send a copy of office of provinces, autonomous regions and municipalities Intellectual Property Office. China Patent Agents Association, with participation in the patent agencies and patent agents in the inspection.第三十一条 patent agencies and patent agents in the inspection once a year, the time for the September 1 to October 31. Thirty-second a patent agencies and patent agents inspection include: (a) whether the patent agency set up under the conditions of this approach; (b) of the patent agency is a partner or shareholder of the conditions of this Regulation ; (c) to practice in patent agency is holding a patent agent patent agent practicing certificate, whether to participate in professional training as required; (d) the patent agencies and patent agents have the Inspection of the other content. Thirty-third franchised inspection agency shall submit the following materials: (a) of the patent agencies and patent agents annual registration form; (b) the work report of the patent agency; (c) of the patent agency Certificate of Incorporation; ( d) patent agents practicing certificate; (e) financial statements; (f) other documents required to be submitted. Report on the work of patent agencies should fully reflect the thirty-second article of the way to the content. Thirty-fourth annual inspection, as amended, that the patent agencies and patent agents do not meet these rules, the provinces, autonomous regions and municipalities Intellectual Property Office shall order it to be corrected within a specified period; deadline will not be correct, given the annual inspection is not qualified conclusions. The inspection found that the patent agency or patent agent of .第三 fifteen annual examination by the provinces, autonomous regions and municipalities in the Intellectual Property Office, patent agency and the agency registration certificate to practice a patent agent practicing certificate stamped with the seal of that year passed the annual examination; inspection is not qualified and unqualified stamp the seal of inspection. Did not participate in annual or annual unqualified patent agency, until the next annual examination may not be all over the State Intellectual Property Office and the Intellectual Property Office for a new patent protection. Thirty-sixth each province, autonomous regions and municipalities Intellectual Property Office shall complete the patent agencies and patent agents in the inspection within 10 days from the date of the summary of the annual registration and annual inspection reports that are State Intellectual Property Office, and patent agent to practice the results of the annual inspection certificate sent to the All-China Patent Agents Association for the record. SIPO patent to the public agencies and patent agents in the inspection results. The State Intellectual Property Office of the thirty-seventh, the provinces, autonomous regions and municipalities Intellectual Property Office of China Patent Agents Association and the staff of the patent agency shall not be disclosed in the annual confidential. Chapter V Supplementary Provisions Article eighteen The State Intellectual Property Office is responsible for interpretation. Thirty-ninth of this approach since July 15, 2003 into effect. Inspection agency approach to management of the patent first in order to strengthen management of patent agencies, patent agents regulate behavior, protect the legitimate rights and interests of patent agents to guide the healthy and orderly development of the industry, according to formulated. Chinese Patent Office on the second patent agency qualifications,
nike air force 1, business conditions and disciplinary matters such as the annual inspection. The patent administrative authorities and the All China Patent Agents Association in accordance with these good accordingly. Where a third to set up or approved by the China Patent Office a patent agency set up a business should attend the annual inspection. Chinese Patent Office for a patent through the annual inspection agency to be registered. Annual inspection of the contents of the fourth annual inspection of the patent agency, including: (a) the patent agencies and key registration qualifications; (b) to carry out patent agency business conditions; (c) the patent agency practice of disciplinary cases; (d) financial audit of the patent agency; (v) patent agent situation; (f) patent agent training situation; (g) should be the inspection of other content. Article provided material patent agency shall submit the following annual information: (a) the annual registration form the patent agency; (b) the work report of the patent agency; (c) of the patent agency Certificate of Incorporation; (d) patent people work permit; (e) Audit reports; (f) other documents required to be submitted. Article VI of the work of patent agencies report should fully reflect the patent agency within two years of operations, practice discipline, internal management and other matters need to be reported. Article VII of the provinces, autonomous regions and municipalities patent administrative authorities (hereinafter referred to as the local patent administrative authorities) should be integrated with the actual situation in the region, organizing the implementation of patent agency inspection work. Article VIII of the provisions of the patent agency shall fill out the Article IX of the annual inspection of foreign-related patent agencies submit materials directly to the Chinese Patent Office. Article X of the local patent administrative authorities to the patent agency's annual review and sign an opinion material, may also need to verify the content of the material. Annual inspection of materials signed by the views of the Chinese Patent Office shall be promptly reported. Article XI commissioned by the Chinese Patent Office of China Patent Agents Patent Attorneys Association, the professional ethics and practice discipline, training and other matters of business inspection. China Patent Agents Association, the annual inspection of the patent agent through a work permit with the Article XII of the Chinese Patent Office for patent agencies reported annual review as required materials. When necessary, the Chinese Patent Office for patent agency for verification. Patent agency through annual inspection by the Chinese Patent Office a copy of the patent agency registration certificate stamped Article XIII did not pass the annual inspection by the Chinese Patent Office a patent agency to make warnings under the circumstances, revoke the punishment. Article XIV without justification fails to attend the annual inspection of the patent agency shall be deemed not pass the annual inspection.
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