Patent agents qualifying examination disciplinary approaches

    (September 26, 2008, the State intellectual property office the 49th release as of November 1, 2008) article in order to strengthen the management of patent agents qualification examination, tightening discipline and guarantee the smooth implementation of the exam, according to the regulations of the patent agent and patent agents qualification examination and the implementation of the relevant provisions of the measures, these measures are formulated.

    Second approach applies to patent agents qualifying examination candidates and staff.

    Article the State intellectual property office and the location of the test centers of provinces, autonomous regions and municipalities directly under the intellectual property Office (hereinafter referred to as test centers intellectual property Office) according to these measures to deal with the candidates and staff misconduct.

    The fourth deal with disciplinary offences should be clear facts and evidence, procedural rules, exactly, where applicable.

    Fifth candidates has any of the following circumstances, provided by his examination room proctors verbal warnings and ordered to correct; not corrected after warnings, the invigilator shall be reported to the Chief invigilator, up to the Chief invigilator shall be ordered to leave the examination room:

    (A) carry around books, newspapers, information, notes with text, such as paper or communication, storage, playback functions such as electronic products to enter the examination room;

    (B) in accordance with stipulations in the exam starts within 30 minutes to fill in the name, fill coating paste the ticket number or bar code;

    (C) to talk to each other during the examination period, free standing or walk;

    (D) noise in the examination room, smoking or any other conduct affect the order of examination;

    (E) in my sitting position is not the answer;

    (F) any other similar violations.

    Sixth candidates has any of the following circumstances, examination room proctors shall be reported to the Chief invigilator, decided by the Chief invigilator shall be ordered to leave the examination room and the test scores invalid handle:

    (A) the entrainment or see the information on the exam;

    (B) used with communication, storage, playback functions such as electronic products;

    (C) copying the answer or consent, acquiescence, helped others to copy;

    (D) either orally, in writing or delivered the answer information such as body language;

    (E) assisting a person cheat;

    (F) the test or answer cassette out of the examination room;

    (G) there are other similar serious violations.

    The seventh one of the candidates in any of the following circumstances, examination room proctors shall be reported to the Chief invigilator, up to the Chief invigilator shall be ordered to leave the examination room, and report to the test center's intellectual property Office's decision to grant the year test scores invalid handle:

    (A) with other exam candidates outside the examination room officers colluded to cheat;

    (B) so as to fight severe disturbing the order of examination;

    (C) threats, insults, assaults, impede examination staff carry out their duties;

    (D) other similar serious disciplinary violations.

    The preceding paragraph of this section (b), (c) acts in violation of the law on administrative penalties for public security, public security organs dealing with the transfer.

    Eighth candidates have one of the following, by the State intellectual property Office's decision to grant his year exam results invalid, shall not be entered for the patent agent qualifying examination for three years:

    (A) false instead of by others or in place of other people took the exam;

    (B) participation in organized cheating in serious cases;

    (C) other particularly serious violations.

    Found on the spot of the acts listed in the preceding paragraph of this article, by the test center Chief invigilator decides to give its ordered to leave the examination room, and reported to the State intellectual property Office's decision to grant referred to in the preceding paragraph.

    Nineth by providing false documents or by other illegal means to obtain ticket and take the test by the State intellectual property Office's decision to grant the year exam results invalid; has made patent agent qualification certificate, granted by the State intellectual property Office confirm the certificate invalid.

    Tenth examination staff found in the examination process applicants listed in this way a disciplinary offence, shall be recorded in the examination room single disciplinary offence provided for in specific situations and the measures taken, by more than two (including two) the invigilator and the Chief invigilator signature.

    Materials, tools and other candidates for cheating, it shall take the necessary measures to preserve evidence, and fill in the list.

    11th examination staff has any of the following circumstances, State intellectual property office or the test center's intellectual property Office should cease its continued to take part in the examination, where appropriate, sanctions or their units give the corresponding processing constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) in violation of the relevant provisions without authorization to take the examination;

    (B) the proposition staff engaged in related to the patent agent qualifying examination teaching, answer questions, coaching and other activities;

    (C) found that candidates had provided false testimony or documents act concealment not reported;

    (D) unauthorized Exchange seats and room for test personnel;

    (E) depositing papers or outgoing examination room during the examination;

    (Vi) condone or cover up cheating candidates;

    (VII) tip or hint answer candidates questions;

    (H) transfer papers, custody papers, inspection examination, proctored, checking link loss, serious damage to test or answer sheet;

    (I) outgoing, interception and theft, unauthorized opening not open paper or sealed the answer sheet;

    (J) the leak test;

    (11) change, alter exam answer sheet or privately changes;

    (12) the organization or participating in cheating;

    (13) use of examination to facilitate a bribe, bribery or seeking other interests;

    (14) the candidates are relying on personal revenge or intentionally framed;

    (15) do not perform their duties in accordance with the regulations or other violations.

    12th national intellectual property office or test center's intellectual property office in accordance with the measures for candidates to provide the test results invalid, when test scores invalid three years shall not be entered for the patent agent qualifying examination, confirmed the patent agent qualification certificate is invalid or the processing of examination staff misconduct, should be dealt with in writing discipline decisions, material and relevant evidence archived for future reference.

    13th for candidates or staff as a disciplinary offence is dealing with the examination of the situation, the State intellectual property office or test centre intellectual property Office considers it necessary to inform the organization.

    14th candidates to a disciplinary decision, may apply for administrative reconsideration or bring an administrative suit. 15th these measures shall come into force on November 1, 2008.