Control of patent agency will be tougher, IPR has issued 18 disciplinary letters Notification of patent agency – Finance News



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Patent agency supervision will become increasingly stringent

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The National Intellectual Property Office issued 18 disciplinary decisions to control the abnormal use of patent agents

Legal daily

The National Intellectual Property Office is considering the introduction of a specific work program to strengthen the supervision of patent agents and promote active monitoring in terms of strengthening active monitoring, implementing specific corrections, strengthening integrated management and establishing a mechanism for publishing information on evaluation and innovation control "Internet +", " Double-random, one-piece "control, credit control and other regulatory methods, improving control and management procedures, granting assistance to agencies, reporting on complaints, supervision and control, etc., Strengthening control measures, setting up expert consultations and expert support mechanisms, Strengthening regulatory capacity, speeding up the construction of a fair and effective post-event monitoring mechanism.

● By the end of 2018, the Chinese patent agencies reached 2,195, and the number of established patent agents reached 18,668. While the patent agency industry is rapidly evolving, problems have arisen, such as a patent attorney certificate, an unqualified black agent, and an abnormal patent application.

● The new "brokerage agency regulations", which began on March 1, and "procedures for managing patent agents", which are expected to be revised in the near future, insist on the basic ideas of pooling governance, improving the credit rating system of patent agencies and improper conduct. And the responsibility of the agent

● Strengthen the supervision of patent agencies and patent agents and carry out disciplinary actions in the event of violations of laws and regulations, help to eliminate illegal activities, draw attention to illegal activities and direct the healthy development of industry.

Up to 18 disciplinary decisions of a patent agent were issued in one breath, which was not yet in the history of the State Intellectual Property Office.

The 18 entities, including patent agencies and patent agents, have become the center of a storm. They were appropriately withdrawn from the patent registration certificate, ordered the patent agency to stop accepting new patent agencies for 12 months, revoke the patent agent's certificate, warnings and other different penalties.

Lately, this series of penalties, which includes a number of issues, numerous problems and severe penalties, has caused great concern in the industry after it was published on the website of the National Intellectual Property Office.

This centralized treatment, carried out by the National Intellectual Property Office, is one of the important expressions of its strengthening of the control of the patent agency.

On 9 April, the concerned person responsible for the competent services of the National Intellectual Property Office stated that the intensification of the supervision of patent agencies and patent agents and the implementation of disciplinary action against violations of laws and regulations eliminated unlawful acts. This is an important means of alerting to the unlawful functioning and direction of the healthy development of industry.

Provide patented mining services at the door

Several applications are obviously the same

The decision on criminal sanctions, published on the website of the National Intellectual Property Office, showed that a patent attorney filed a claim for several thousand patent applications within one year. He said that the audit was completed. An applicant who actually writes a patent application is an unqualified person and then submits an application on behalf of a qualified representative.

The agent did not inspect and verify most of the patent applications filed in his own name, and did not perform his duties and incompetence, which seriously damaged the interests of the client.

The story is still a story. The writer was originally an employee of the agency with more than 20 branches in the country. These subsidiaries are not really important offices, but because they do not have the qualifications of patent agents, they cooperate with the patent agency of an agent and apply for patents through the latter.

In the decision on penalties, the State Intellectual Property Office stated in the decision on penalties that this is an act of hiring a patent attorney and belongs to the act of "copying, reselling, leasing or lending an administrative permit" as defined in Article 80 (1) of the Administrative лицензиях. This constitutes an act of 'engaging in other illegal activities' referred to in Article 24 (4) of the Regulations on the Patent Agency prior to the change.

A special service of "patent mining" enabled the patent agency to continue to go the wrong way. The book of disciplinary decisions shows that employees in this institution will come to the door to carry out the so-called "patent mining" for customers, and will use a number of so-called technical improvement points that customers will be able to choose on behalf of customers, and " "Points of customers. If we sell to other customers, there are still cases of "selling multiple cases", which results in "similar cases", and due to the large number of affiliates, it is difficult to know the similarities in the case. In this way, the process of producing patents and "selling multiple cases" in the proper investigation was completely regulated.

To this end, the State Intellectual Property Office has imposed severe penalties: the agent's action occurred prior to the entry into force of the revised Patent Attorney Ordinance and the rules on patent agents before the change had to be applied. In accordance with the provisions of Article 25 (1) of the Regulations on the Patent Agency and Articles 7 and 8 of the Disciplinary Rules on the Patent Agent (Experiment), it was decided to withdraw the patent agent. Penalty for a certificate of competency.

The agency's agency has also been revoked a certificate of registration of a patent agency. This agency, which was set up near the National Intellectual Property Office, has no place in this industry because of the advantage of being "approaching the water".

In these 18 disciplinary decisions, 75 patent applications with the same content for several applicants, including a number of themes, inventions that have not yet been disclosed by the customer, are submitted to other companies and the submission of the patent application is exactly the same as the contents of the client, disclosing the content of the invention and client manufacture, submit 78 patent applications with the same content for the same customer and submit 123 technical effects to several applicants. Application patent patents, etc.

Six types of behavior are abnormal applications

18 decisions on punishment are a hit in the patent agency industry, which triggered the reflection of industry.

"The late agency must be careful to write only." "The expiration of the technical plan of the customer will definitely require the life of the industry." "It's getting harder to rely on patent evaluation and performance assessment." Comments on the reorganization of orders from industry and so on.

In the relevant cases of this disciplinary action, the types of unusual patent applications in question are a good demonstration and warning role in the fight against abnormal patent applications, the improvement of the quality of patent agents and the promotion of the high-quality development of intellectual property rights.

Article 3 of the revised "Regulations governing the patent application" (Decree No. 75 of the National Intellectual Property Office), which was carried out on 1 April 2017, provides for the incorrect use of patents: (1) the same unit or individual submit several patent applications with the same content, (2) the same unit or individual submits several patent applications which obviously copy existing technology or existing models, (3) submit multiple pieces of different materials and groups by the same unit or individual. A simple replacement or a mixture of patent applications for points, relationships, components, etc. (4) Patent applications filed by the same unit or individual with several experimental data or technical effects, (5) several units or individuals who submit multiple pieces of computer technology Patent application for random creation of the shape, pattern or color of the product (6) Help others in the case of a submission or by a representative of the patent agency, to submit a patent application as referred to in points 1 to 5 of this Article.

In recent years, the Chinese patent agency's industry has made rapid progress. Data show that by the end of 2018 the Chinese patent agency reached 2,195, and the number of established patent agents reached 18,668. The scope of the Agency's services is constantly expanding, and the number of institutions implementing the PCT patent application activity has exceeded 1,000.

Some problems have arisen in the rapid development of the patent agency industry. More important are patent activists who "hang certificates", unqualified "black agents" and deal with abnormal patent applications. The problems of a strict system of confidentiality and an incomplete management system in the agency are also common, and some patent applications are written by patent engineers without the authorization of agents, and the signature agents are not strictly verified, which makes it impossible to guarantee the quality of filed patent applications. A small number of institutions have broken the ranks of agency agencies in order to quickly develop the market, have participated in licensing patent agents, have begun with low price competition and issued patents for customers.

Promote the healthy development of patent agents

For the patent agencies industry, it is necessary to open various restrictions and promote its healthy development, as well as post-event monitoring and the chaos in the industry.

The patent agency is a state-of-the-art professional service that combines technology and law, is an important part of the intellectual property service activity and serves the whole process of creating, using and protecting intellectual property. Promoting the high-quality development of the patent industry industry has important practical implications for maintaining the legitimate rights and interests of the innovation area, improving the quality and level of use of Chinese patents and promoting the building of an innovative country.

In recent years, the National Intellectual Property Office has implemented a "thirteenth five-year plan for the development of the patenting industry industry" for the implementation of specific measures and major industrial development projects, the completion of the revision of the Patent Agency Regulations and the implementation of patent control measures and disciplinary measures for patents. Revision of the rules and regulations of the Supporting Section, deepening the pilot reform of the patent agency industry, reducing the entry threshold for industry, "dual innovation", promoting the vitality of the market and social creativity, and increasing the number of pilot regions (autonomous regions and municipalities) to 12; The self-discipline system encourages industry-based patent agency organizations at all levels to strengthen self-discipline management of the industry and continuously improve the level of services.

In order to consolidate the talent base for industrial development, the National Intellectual Property Office since 1992 has organized a total of 20 qualification exams of national patent agents. The number of candidates for exams increased from 2,060 in 1992 to 39,000 in 2018, which is 18 times.

These initiatives have yielded positive results. At present, the quality of patent agents' talents is generally improved, while service capacity has increased significantly, a group of composite talents who know the law and master foreign languages ​​have emerged. The development of the patent agency industry has shown a good trend of increasing scope, increasing the capacity of services, increasing the scope of services and improving the operating system.

Furthermore, oversight of patent agents is strengthened.

The new "patent agents regulations", which began on 1 March, and "procedures for managing patent agents" to be audited at the short-term public consultation, take into account the basic idea of ​​"management and management combinations" and clarify the regulatory rules for unqualified "black agents". Improving the system of credit control of patent agencies, improving the annual report, the list of business irregularities and a serious unlawful and unreliable list of systems, clarifying the sharing of responsibilities and working procedures, improving illegal behavior and signing the agent, clarifying the positioning of the patent agency industry and strengthening industry. The requirements for self-discipline design provide a clearer legal basis for strengthening post-event monitoring and regulation of the market order of patent agents.

It is understood that the National Intellectual Property Office is considering the introduction of a specific work program to strengthen the supervision of patent agents and promote active monitoring in terms of strengthening active monitoring, implementing specific corrections, strengthening integrated management and establishing a mechanism for publishing information on evaluation and innovation "Internet + "Regulatory," double random, one open "control, credit control and other regulatory methods, improvement of the regulatory system for dealing with cases, rewarding agency assistance, reporting on complaints, supervision and control, etc., Strengthening capacity building training, setting up expert consultations and mechanisms of professional support, etc. Measures to strengthen the control capacity and speed up the construction of a fair and effective post-event monitoring mechanism.

In addition, the State Intellectual Property Office will organize a national Blue Sky specific campaign to focus on the elimination of patent infringement infringements, promote healthy industrial development, promote the quality development of intellectual property rights and improve the capacity to manage intellectual property and construction. The strong power of intellectual property provides strong support. (Zhang Wei)

Disclaimer: Content provided by the media comes from the media, the copyright belongs to the original author, contact the original author and obtain permission. The opinion of the article is represented only by the author and does not represent the Son. If the content includes investment advice, it is only for reference and should not be used as an investment basis. Investments are risky and require caution when entering the market.

Editor-in-chief: Wan Lu

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