Implementation Measures For The Patent Agent Qualifying Examination

Original Language Title: 专利代理人资格考试实施办法

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(February 26, 2004, the State intellectual property office, the 36th release) first in order to regulate the patent agent qualifying examination, in accordance with the People's Republic of China patent law and the patent regulations, these measures are formulated.
    Second patent agents qualification examination to take the national examination, held once every two years.
    Patent agent qualifying examination article includes the following subjects: (a) legal basis for patent-related knowledge, (ii) patent application documentation; (c) the patent application procedure, approval processes and document retrieval (iv) patent approval standards, and review and is not valid.
    Patent agents qualifying examination carried out in closed for answering multiple-choice questions.
    Fourth patent agent qualifying examination by the patent agent examination Committee is responsible for organizing.
    Patent agent examination Committee by the State intellectual property office, the State Council departments concerned, the all-China patent agents association composed of representatives of relevant personnel, as well as patent agents, led by the State intellectual property Office Director, Director of the Committee.
    Patent agent examination Committee Office in the State intellectual property office, responsible for the patent agent qualifying examination of the specific work.
    Fifth patent agent examination Committee shall be held in the six months before the patent agent qualifying examination notice published test venue cities, time and so on.
    Patent agents qualifying examination by the patent agent examination Committee proposition, proposition formulated and promulgated by the patent agent examination Committee the scope of the patent agent qualifying examination outline subject.
    Seat of the sixth test centers in various cities of the province, autonomous region or municipal intellectual property Bureau should set up a leading group of patent agents qualification examination, contractor registration, review of candidates qualifications, set the examination room, the Organization of the examination work etc.
    Seventh entered for the patent agent qualifying examination personnel shall comply with the conditions prescribed by section 15th of the patent regulations.
    Any of the following circumstances, cannot participate in the patent agent qualifying examination: (a) for an intentional crime has been subjected to criminal punishment; (b) revoked the patent agent qualification; (c) the circumstances stipulated in this article 12th, was disqualified less than three years.
    Persons entered for the patent agent qualifying examination of the eighth article, should the price Administration Department under the State Council in conjunction with the standards set by the State intellectual property office to pay the exam fee.
    Nineth local intellectual property rights Bureau, the all-China Patent Attorneys Association and related institutions, organizations can organize training of patent agents qualification examination, but may not make it compulsory on application personnel training, shall not be mandatory to participate in the training of personnel assigned textbook or other supplementary material.
    Article tenth of patent agents qualification examination questions, examines the Organization and management of personnel shall participate in the examination, questions, examines the personnel shall not engage in teaching associated with the patent agent qualifying examination, answer questions, coaching and other activities.
    11th the examination for patent agents qualification of breaches of examination rules, be halted and warned by the invigilator.
    12th article participate in patent agent Qualification exam of personnel has following case of, test centers location of province, and autonomous regions, and municipalities intellectual property Council patent agent Qualification exam work led group can made canceled its exam qualification of processing decided: (a) by others instead of or instead of others participate in exam of; (ii) plagiarism others answer card or respondents, passed answer card or respondents and and exam content about of information of; (three) serious disrupt examination room order or threat exam staff personal security of;
    (D) collusive test answer sheet or paper staff changes.
    13th nationally unified examination of patent agents qualification examination, exam results published by the patent agent examination Commission Office.
    14th patent agents qualification examination pass mark established by the patent agent examination Board and announced by the patent agent examination Commission Office.
    15th personnel participating in the patent agent qualifying examination published patent agent qualifying examination pass mark, issued by the State intellectual property Office of the patent agent qualification certificates.
    16th on the patent agent qualifying examination registration, examination room setting, test delivery and storage, rules, invigilation of examinations, checking, verification specific examination rules shall be formulated and published. 17th patent agent qualifying examination staff should be strictly in accordance with these measures and demands of the examination rules, and work related to the patent agent qualifying examination.
    Participate in the exam, test delivery and storage, invigilators shall strictly abide by confidentiality; staff involved in checking should be responsible, fair and just.
    Patent agents qualifying examination of dereliction of duty, abuse of power, favoritism, in accordance with the People's Republic of China patent law article 67th accountable.
    This approach by the State intellectual property office is responsible for the interpretation of the 18th article.
                                                                    19th article this way come into force on April 1, 2004.

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