Measures for the implementation of patent agents

The patent agent qualification examination includes the following examination subjects:

(1) Basic legal knowledge related to patents;

(2) Writing of patent application documents;

(3) Patent application procedures, examination and approval procedures and document retrieval;

(four) the patent examination and approval standards and examination and invalidation.

The patent agent qualification examination takes the form of closed-book written examination. The patent agent qualification examination shall be organized by the Patent Agent Examination Committee.

The Patent Agents Examination Committee is composed of relevant departments of China National Intellectual Property Administration and the State Council, relevant personnel of the All-China Patent Agents Association and representatives of patent agents, with China National Intellectual Property Administration as the chairman.

The office of the Patent Agent Examination Committee is located in China National Intellectual Property Administration, responsible for the specific work of the patent agent qualification examination. The Patent Agent Examination Committee shall issue a notice six months before holding the patent agent qualification examination, and announce the test center city, examination time and other matters.

The patent agent qualification examination is unified by the Patent Agent Examination Committee, and the scope of the proposition is subject to the outline of the patent agent qualification examination formulated and published by the Patent Agent Examination Committee. Persons who sign up for the patent agent qualification examination shall meet the conditions stipulated in Article 15 of the Patent Agency Regulations.

Under any of the following circumstances, you cannot take the patent agent qualification examination:

(1) Having received criminal punishment for intentional crime;

(2) Being disqualified as a patent agent;

(three) the examination qualification has been cancelled for less than three years due to the circumstances stipulated in Article 12 of these Measures. Under any of the following circumstances, the leading group of the patent agent qualification examination of the intellectual property office of the province, autonomous region or municipality directly under the Central Government where the test center is located may make a decision to cancel its examination qualification:

(a) instead of others or others to take the exam;

(2) Plagiarizing other people's answer sheets or test papers, and transmitting the answer sheets or test papers and information related to the test contents;

(three) seriously disrupting the order of the examination room or threatening the personal safety of the examination staff;

(four) colluding with the examination staff to alter the answer sheet or answer sheet. The staff of the patent agent qualification examination shall carry out all work related to the patent agent qualification examination in strict accordance with the requirements of these Measures and the examination rules. Staff involved in setting questions, transporting and keeping test papers and invigilating shall strictly abide by the confidentiality system; The staff involved in marking papers should be serious and responsible, fair and just.

Any staff member of the patent agent qualification examination who neglects his duty, abuses his power or engages in malpractices for personal gain shall be investigated for responsibility in accordance with Article 67 of the Patent Law of People's Republic of China (PRC). In view of the important role of patent agency in the normal operation of the patent system, the Patent Agency Regulations (Revised Draft) promulgated by the State Council Legislative Affairs Office in February, 201/changed the title of "patent agent" to "patent agent" and made comprehensive provisions on obtaining qualification certificates and issuing practice certificates.

The person in charge of the Legislative Affairs Office of the State Council said that this change is to enhance the social status of professionals engaged in patent agency affairs and enhance their sense of honor. And refers to the names of other professionals who need administrative license to practice in China, such as lawyers, doctors, certified public accountants, etc. And the names of patent agency practitioners in developed countries such as Europe and America. With the consent of the State Council, Ministry of Human Resources and Social Security released the first batch of professional qualification announcements on May 12, and China National Intellectual Property Administration patent agents were included in the first batch of announcements.

The first batch of published vocational qualifications include two types of vocational qualifications: access and level evaluation. Access to professional qualifications includes 36 patent agents, which are mainly set according to relevant laws and regulations; Grade evaluation of professional qualifications by Ministry of Human Resources and Social Security in conjunction with the relevant departments in charge of industry in the State Council, combined with the needs of industry development and management, according to the relevant provisions of the national vocational qualification certificate system; The vocational qualifications of the above two types of skilled personnel are set according to the People's Republic of China (PRC) Vocational Classification Ceremony and the corresponding national vocational standards and relevant regulations. The establishment of patent agents is based on the Regulations on Patent Agents promulgated by the State Council.

Since 199 1 the State Council promulgated the Patent Agency Regulations, China National Intellectual Property Administration has organized 13 national patent agent qualification examinations. Up to now, there are 1.4496 million people in China who have obtained the patent agent qualification. As of 20 14, 12 and 3 1, there are *** 1098 patent agencies in China, with *** 105 13 patent agents (note: due to the monthly

Newly issued patent agent's practice certificate in 20 14, 12 and15 years; Handle the transfer of 84 patent agent practice certificates (including replacement); The practice license of patent agent is cancelled (Note: Article 25 of the Measures for the Administration of Patent Agents stipulates that if a patent agency terminates its employment relationship with a patent agent, the patent agency shall withdraw its practice license of patent agent, issue a dismissal certificate, and go through the cancellation procedures with the All-China Patent Agents Association within 10 days from the date when the dismissal certificate is issued, and cancellation does not mean that it will no longer engage in patent agency work).

In 20 14, 1- 12, 1825, the practice certificate of patent agents was newly issued, accounting for17.4 of the total number of patent agents; 786 patent agents' practice certificates were transferred (including replacement), accounting for 7.48% of the total number of patent agents; 884 patent agents' practice licenses were cancelled, accounting for 8.4% of the total number of patent agents. Order of Director China National Intellectual Property Administration (No.14)

According to the guiding ideology of China patent industry standards serving the public, the macro-decision of the state and the management of industry management departments, and in order to promote the standardization of patent application agencies in China, the Code Standards for Patent Agents and its relevant regulations are formulated, which are hereby promulgated and shall come into force as of June 1 2002. Director Wang Jingchuan 200 1 year 1 1 month 1 day.

People's Republic of China (PRC) Intellectual Property Industry Standard (ZC0002-200 1)

1. Introduction 1. 1 General In order to promote the standardization of patent application agencies in China; In order to cooperate with and serve the automation system construction of China National Intellectual Property Administration Patent Office in China, patent agents can better serve the applicants. Ensuring the standardization of patent agent's documents when applying for a patent is conducive to public retrieval and the exchange and sharing of patent information; It is also convenient for China National Intellectual Property Administration, China to confirm the uniqueness of patent agencies and patent agents and strengthen the management of patent examination process; This standard is specially formulated. 1.2 Basic principles for formulating code standards for patent agents 1.2. 1 advanced principles. The standards formulated shall conform to the development direction of international advanced technology and meet the development needs of related businesses in China National Intellectual Property Administration, China. 1.2.2 Simple and practical principles. The standard should be simple and practical, in line with the specific situation of China National Intellectual Property Administration, China, with low implementation cost and easy implementation. 1.2.3 principles of openness and maintainability. The established standards should be open, easy to maintain, easy to modify and expand. 1.2.4 fully draw lessons from the existing standard principles. In principle, existing international standards, national standards and ministerial standards should be followed and adopted. Can not be used directly, according to the specific circumstances to modify. 1.3 code standard principles for patent agents: 1.3. 1 code uniqueness and fixity principles. The patent agent code should always be unique, so as to ensure that one code only corresponds to one patent agent, and each code will not be used by others with the disappearance of its owner's legal significance. At the same time, the new patent agent code given by the patent agent during his affiliation with the new patent agency shall remain fixed. Thus making the code easy to use and manage. The coding method of 1.3.2 code is a practical principle. According to clause 1.2.2 of this standard, the coding method of the code should not only be beneficial to the compilation, implementation, management and maintenance within the government management department, but also be convenient for external personnel and institutions to understand and use, and strive to be concise, practical and standardized. 1.3.3 principle of continuous improvement. This standard is constantly improving, which is beneficial to users. 1.3.4 standardization principle of patent terms. Relevant terms involved in the code standard for patent agents are annotated and published by China National Intellectual Property Administration, China. China National Intellectual Property Administration, China has the final right to interpret the patent terms. 2. Scope of Application This standard applies to patent agencies and patent agents who represent patent applications in China. Patent approval process management personnel. Other users of this standard. 3. Terminology and Definitions The following terms and definitions are used in this standard, and their normative comments are given by China National Intellectual Property Administration, China. Patent agent: a specialized person entrusted by the patent applicant or other parties to handle patent applications and other patent affairs. Patent agency: refers to the service agency that accepts the entrustment of the client and handles patent applications or other patent affairs within the scope of entrustment. Code: use a number, a group of letters or a combination of numbers and letters to represent an object with a fixed meaning. Uniqueness: A code can only represent one patent agency or patent agent, and a patent agency or patent agent can only be represented by one code. Fixity: The patent agency represented by a code and the code representing the patent agency will not change once it is determined. The new patent agent code given by the patent agent during his affiliation with the new patent agency will not be changed after confirmation without changing the affiliated institution. The patent agent qualification certificate number 3-7, that is, the large serial number, will not be changed after confirmation. Patent agency certificate: a certificate issued by China National Intellectual Property Administration, China to confirm the qualification of a patent agency, which is called a patent agency registration certificate, including an original and a copy. The patent agency certificate is unique. Patent agent qualification certificate: a certificate issued by China National Intellectual Property Administration, China, which proves that a person has the qualification of patent agent. The patent agent qualification certificate is unique. Patent agent's work permit: a practicing certificate issued by China National Intellectual Property Administration, China, to confirm that a person is qualified as a patent agent and allowed to engage in patent agency business. Provincial administrative division code: According to the coding rules of national standard GB 2260- 1995, the first two provincial administrative division codes are adopted. (See Appendix 1 for details) Large serial number: a group of consecutive numbers starting from a specific number, in which the latter number is one larger than the previous one. The serial number adopts the national unified sorting method. Small serial number: a group of consecutive numbers starting from a specific number, where the latter number is one greater than the previous one. The serial number adopts the sorting method within the national administrative divisions. Check bit: A number, letter or combination of letters and numbers calculated from a number, a group of letters or a combination of letters and numbers (referred to as source data for short). When source data and parity bits are transmitted or written together, it is possible to check whether there are errors during transmission or writing. Patent approval process manager: a person who processes, manages and maintains the application documents and related materials in the process of patent application acceptance, approval and process management. Code Manager: The manager appointed by China National Intellectual Property Administration, China to be responsible for a certain type of patent code. 4. Patent Agent Code Standard 4. 1 The coding rules of patent agent code adopt 1 1 digit Arabic numerals: 5 digits of patent agency code +3-7 digits of patent agent qualification certificate number+1 digit parity bit. 4.2 Code Grant and Management The code manager designated by China National Intellectual Property Administration, China will grant the patent agent the code according to this standard and reserve the right to modify it. The code manager designated by China National Intellectual Property Administration, China is responsible for indexing, managing and maintaining the patent agent code. 5. The responsibilities of the code manager The code manager establishes an effective operating environment for the patent agent code standard. Its specific duties are: to give the patent agency code according to this standard; Responsible for the management and maintenance of code set; Ensure the uniqueness and fixity of the code; The code manager is responsible for explaining the normative terms and definitions of code standards; Put forward suggestions for improvement measures. 6. This standard was promulgated and implemented by China National Intellectual Property Administration, China. 6. 1 promulgation of code standard for patent agents This standard was promulgated on 200 1, 1,1. 6.2 Implementation of Code Standard for Patent Agents 6.2. 1 Implementation of Standard This standard is tentatively scheduled to be officially implemented on June 1 2002. If changes are needed, they will be notified separately through the revision of this standard. 6.2.2 Standards Supervision The implementation of the supervision standards of China National Intellectual Property Administration Standardization Committee of China. 6.2.3 Improvement of Standards China National Intellectual Property Administration Standardization Committee of China will review the improvement suggestions put forward by code managers and formulate new code standards for patent agencies when necessary. Appendix: 1. National standard GB 2260- 1995 for administrative division code of the People's Republic of China. People's Republic of China (PRC) * * and China's China National Intellectual Property Administration patent agent code related standards 200 1 year 1 month 1 day appendix1:People's Republic of China (PRC) * * * administrative division code of the People's Republic of China (GB 2260- 1995). The code structure is as follows: List of provincial administrative division codes in China.

1. As a supplement and annotation to the Code Standard for Patent Agents, the Regulations are also legally mandatory for ministerial standards. The "Regulations" re-established the coding rules for three codes related to patent agency, namely, the patent agency code, the patent agent qualification certificate number and the patent agent work certificate number, and standardized and promulgated them as ministerial standards. 2. Objective To strengthen the standardization and legality of patent agency codes, promote the management of "three certificates" of patent agency qualifications, improve the unified management, coordination and supervision level of patent agencies and patent agents in China National Intellectual Property Administration, and better serve the applicants. 3. Writing Principles As an appendix to the Code Standard for Patent Agents, the Provisions shall stipulate a unified code writing principle according to the Code Standard for Patent Agents 1.2 and 1.3. 4. Scope of Application As an appendix to the Code and Standard for Patent Agents, these Provisions provide a unified scope of application according to Article 2 of the Code and Standard for Patent Agents. 5. Code standard for patent agency 5. 1 Patent agency code adopts 5 digits: the first 2 digits are represented by the provincial administrative division code specified by the state, and the last 3 digits are represented by their respective small serial numbers. 5.2 The patent agent qualification certificate number adopts 7 digits: 2 provincial administrative division codes +5 serial numbers. 5.3 The patent agent's work permit number is 1 1 digit: 5 digits of patent agency code +3-7 digits of patent agent qualification certificate number+1 digit. Note: "Patent agent's work permit number" is used as "Patent agent code". 6. Authorization and management of codes. As an annex to the Code Standard for Patent Agents, this procedure unifies the authorization and management of codes according to Article 4.2 of the Code Standard for Patent Agents. 7. Responsibilities of the Code Administrator As an annex to the Code Standard for Patent Agents, this provision stipulates a unified code administrator and its responsibilities according to the five contents in the Code Standard for Patent Agents. 8. The promulgation and implementation of these Rules, as an annex to the Code and Standard for Patent Agents, shall be uniformly promulgated and implemented in accordance with the relevant provisions of Article 6 of the Code and Standard for Patent Agents. China National Intellectual Property Administration, People's Republic of China 200 1 year 1 1 month/day.