Patent Agency Disciplinary Rules (For Trial Implementation)

Original Language Title: 专利代理惩戒规则(试行)

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(Announced on December 12, 2002, State intellectual property Office of the 25th) first in order to strengthen the patent agent and patent agents practising supervision, standardize patent agency practice, maintain normal order of patent agents, in accordance with the People's Republic of China patent law and the patent regulations of respective rules.
    Second patent agencies, practising patent agent shall abide by the provisions of laws, regulations and rules, abide by patent agents ' professional ethics and practice discipline.
    Practising patent agents and patent attorneys shall be subject to State supervision, social and party.
    Article patent agencies or patent agent who contravenes provisions of the relevant laws, rules and regulations, the patent Administration Department in accordance with the rules give the corrections.
    State intellectual property office and various provinces, autonomous regions and municipalities directly under the disciplinary Commission of the intellectual property office established a patent agent, concrete implementation of these rules.
    Article fourth patent agency corrections are divided into: (a) a warning, (ii) informed criticism; (c) stopped 3-6 months to undertake new business; (d) revocation of a patent Agency.
    Fifth corrections to patent agents are divided into: (a) a warning, (ii) informed criticism; (c) the recovery of patent agents practising certificates; (d) revoking the patent agent qualification.
    Sixth article patent agent institutions has following case one of of, should ordered its corrected, and give this rules fourth article provides of disciplinary: (a) application established Shi hide real situation, fraud of; (ii) unauthorized change main registration matters of; (three) unauthorized established branch institutions of; (four) annual late and not active event of; (five) to not due means attract business of; (six) accept delegate Hou, no due reason refused to for agent of;
    (G) in respect of the same patent application or patent cases to accept other clients interested delegates; (VIII) fault cause heavy losses to individuals; (IX) engage in other unlawful business activities or violations of the relevant provisions of the State Council.
    Seventh article patent agent has following case one of of, should ordered its corrected, and give this rules fifth article provides of disciplinary: (a) while in two a above patent agent institutions practice industry of; (ii) denigrated other patent agent, and patent agent institutions of, or to not due way damage its interests of; (three) privately accept delegate, and privately to client charged costs, and received delegate property, and using provides patent agent service of convenience seek party dispute of interests, and or accept other party property of;
    (Four) hamper, and resistance rejection other party legal made evidence of; (five) interference patent review work or patent administrative law enforcement work of normal for of; (six) patent administrative sector of staff retired, and left Hou engaged in patent agent business, on I review, and processing had of patent application case or patent case for agent of; (seven) leaked client of commercial secret or personal privacy of; (eight) for fault to party caused major loss of; (nine) engaged in other illegal business activities of.
    Eighth article has following case one of of, should give directly responsibility people this rules fifth article subsection (three) items or subsection (four) items provides of disciplinary, can while give its where patent agent institutions this rules fourth article subsection (three) items or subsection (four) items provides of disciplinary: (a) violation patent law 19th article of provides, leaked client inventions of content of; (ii) plagiarism client of inventions of; (three) to patent administrative sector of staff bribe of, or directed, and induced party bribe of;
    (D) providing false evidence, concealing important facts or providing false evidence, concealing important facts, soliciting (v) criminal penalties (criminal negligence); (vi) engaged in other serious consequences of illegal business activities. Nineth has patent agent qualifications, persons without patent agents practising certificate to reap economic benefits while receiving patent agents, patent Agency services should be ordered to stop the illegal practice, and for the record.
    Acts listed in this rule the seventh, eighth, and should be given a warning and informed criticism, revoke the patent agent qualification of discipline.
    Tenth Article corrections should be given according to the rules, but any of the following circumstances may be given a lighter punishment: (a) admit mistakes and take responsibility, (ii) to take timely and effective measures to prevent or mitigate adverse consequences in the adverse consequences.
    Pursuant to this rule shall be given disciplinary, but any of the following circumstances, can dispose of: (a) for informants, witness retaliation and (b) after the Alliance or of hiding and destroying evidence of the crime, and impeding the investigation.
    11th disciplinary Commission of the State intellectual property office patent by the State intellectual property office, the all-China patent agents association composed of representatives of staff and patent agents.
    Provinces, autonomous regions and municipalities directly under the disciplinary Commission of the patent by provinces, autonomous regions and municipalities directly under the staff and patent attorneys is composed of representatives of the intellectual property office.
    Patent Agency member of the Disciplinary Committee shall hold office for three years.
    12th members of the disciplinary Commission of the patent agent has any of the following circumstances shall voluntarily withdraw; parties also have the right to apply for his withdrawal: (a) is a party or a close relative of the case, and (b) dealing with a stake in the outcome of the case and (iii) have other relations with client, can affect the treatment outcome just. 13th article of patent agents and patent attorneys in violation of the law, regulations of the Act and the regulations, no unit or individual shall have the right to the patent Agency is located in provinces, autonomous regions and municipalities directly under the patent complaint to the Disciplinary Committee.
    If necessary, the disciplinary Commission of the State intellectual property office patent Agency and the provincial, autonomous region, municipality directly under the disciplinary Commission of the patent agent or according to the terms of reference of the active file.
    14th patent agency Disciplinary Committee shall receive complaints of the day active within 3 months from the date of filing or making a decision. Provinces, autonomous regions and municipalities directly under the Disciplinary Committee deems it necessary to revoke a patent agent patent agent qualifications, revocation of the patent Agency, should be its findings and disciplinary reasons reported to the disciplinary Commission of the State intellectual property office patent agent.
    Disciplinary Commission of the State intellectual property office patent agent shall, within 2 months from the date of receipt of the submitted materials to make a decision.
    15th patent agent before the disciplinary Commission disciplinary decisions without a vote, should be allowed to make statements or representations, and an investigation of the facts and evidence submitted by the parties and the reasons for verification.
    16th patent agency disciplinary Commission disciplinary decisions without a vote, shall make a written decision on disciplinary, record the following: (a) are corrections of patent agencies or patent agent's name and address, (ii) the subject matter and the investigation and verification of results; (c) the decision of the disciplinary Commission of the patent agent; (d) date of decision.
    17th patent agent disciplinary decisions made by the Disciplinary Committee shall be approved by the intellectual property Office at the same level, and issued in the name of the Council.
    Disciplinary decision should be ratified within 10th of being served on the corrections of patent agents or patent agent.
    18th patent agency Disciplinary Committee members and staff before formally served on the disciplinary decision has a duty of confidentiality.
    19th disciplinary decision of the disciplinary Commission of the patent agent, and can be received within 2 months from the date of the disciplinary decisions for reconsideration in accordance with law, people's Court may also directly bring an administrative suit.
    20th of provinces, autonomous regions and municipalities directly under the disciplinary Commission of the patent shall, in its disciplinary decisions in the 10th after the effective date to the disciplinary Commission of the State intellectual property office patent filing.
    Disciplinary decision, when implemented, other than warn, make disciplinary decisions of the disciplinary Commission of the patent at Government Web sites or news to be published in the media.
    Article 21st of the disciplinary Commission of the patent agent work rules and disciplinary decision tables developed centrally by the State intellectual property office.
    The 22nd is responsible for the interpretation of the rules by the State intellectual property office.
                                                                                                      The 23rd article of the rules come into force on January 1, 2003.

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