On regulating the behavior of certain provisions of the patent application
The first patent act in order to regulate and maintain the normal order of patent, the Patent Law, Patent Law Implementing Rules and Regulations on Patent Commissioning enactment of this provision.
Article submission or agent to file a patent application shall be in accordance with laws, rules and regulations of the relevant regulations and abide by the principle of good faith, shall not engage in the behavior of non-normal patent.
Article The term non-normal patent act means:
(A) submit the same unit or individual pieces of content obviously the same patent application, or directing others to submit content significantly more than the same patent application;
(B) the same unit or individual to submit more than obvious plagiarism of existing technology or existing design patent applications, or directs others to submit more than obvious plagiarism of existing technology or existing design patent applications;
(C) the patent agency agent submitted paragraph (a) or (2) of the type described in patent applications.
Article SIPO patent for non-normal behavior, in addition to the Patent Law and its implementing Rules and Regulations for the processing of patent applications submitted, the processing can take the following measures depending on the circumstances:
(A) shall not reduce patent costs; has been slow, and all or part of the recovery;
(B) in the State Intellectual Property Office Government website and the "China Intellectual Property News," to be informed on;
(C) the State Intellectual Property Office of Statistics in the number of patent applications, excluding non-normal number of patent applications;
(D) the proposed local government management authority for patent affairs shall not be funded or reward; or reward has been funded, all or part of the proposal be recovered;
(E) recommend the All-China Patent Agents Association, engaged in acts of non-normal patent patent agent patent agencies and industry self-regulatory measures taken, when necessary, recommend disciplinary committee under the patent, "patent disciplinary rules (Interim)" are provided with appropriate punishment;
(F) by the behavior of non-normal patent fraud financing and incentives, serious crime is constituted, criminal liabilities shall be transferred to the relevant authorities.
Article V of the State Intellectual Property Office to take measures to deal with the provisions of Article IV before, the parties should be given opportunity to be heard.
Article VI of people around the government authority for patent affairs should guide the public and the patent agency shall submit the patent application. Patent agency found that non-normal patent act, shall promptly report to the State Intellectual Property Office.
Since the provisions of Article VII of October 1, 2007 shall come into force.