China National Intellectual Property Administration found in the patent application quality monitoring and special researches that there are still some agencies continue to engage in abnormal patent application. In order to further intensify the effort to control and regulate the normal order of patent applications, the following notices are given.
Ⅰ Increase the investigations and punishments
The Administration will suspend a number of patent agencies that represent a large number of abnormal patent applications and those suspected of fabricating patents from undertaking new business until the revocation of the practice license, and it has now entered the stage of informing before the penalty. Based on the information about the abnormal patent application agencies, the key cases and agencies that repeatedly represent abnormal patent applications will be investigated and punished strictly; if the circumstance is serious, the relevant agency business will be stopped or the qualification of the patent agency will be revoked.
Ⅱ Collaborative governance measures
Determine the list of institutions that need collaborative governance according to the number of abnormal patent applications they represent and the relevant circumstances. Implement strict collaborative restrictive measures in various incentive and reward policies and project supports, agency and individual evaluation of merit and awards, relevant experts and talent recommendations. Advantageous enterprises of intellectual property rights and demonstration enterprises should carefully select and preferably choose patent agencies.
Ⅲ Crack down on unqualified patent agencies
Continuously strengthen big data screening and monitoring to lock the clues of unqualified agencies engaged in abnormal patent applications. All places should step up their efforts, unauthorized patent agency business behavior should be investigated and punished strictly and quickly, and their engagement in abnormal patent application behavior should be regarded as an aggravating circumstance and punished severely.
Ⅳ Strengthen the key supervision of agencies with significantly high per capita patent agency amount
Conduct on-site inspections and focused inspections, increase the frequency of inspections, and investigate and punish strictly and severely those found to be engaged in abnormal patent applications, leasing and lending patent agency qualifications and other acts in accordance with the law. Continuously pay attention to the agencies with significantly high per capita agency amount and abnormal growth rate of agency amount, and refer them to focused supervision in due course.
Ⅴ Give full play to the role of industry associations
Local patent agency industry organizations should give full play to the role of industry self-discipline, cooperate with the establishment of industry supervision mechanisms, strengthen special business training and policy publicity, and guide local patent agencies and the patent agents to consciously resist abnormal patent application behaviors.
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Mr. Mike Chang (Partner)