Regulations on Patent Commissioning
Author:Issuing Date:2008-01-24 13:33:10Source:
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ordered to close down as a punishment by CAP and a patent agent whose "Patent Agent Qualification Certificate" has been revoked do not agree with the decisions of punishment, they may appeal to CAP for re-examination; if they still fail to be satisfied with the CAP decision, they may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.
2007-07-12