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On regulating the behavior of certain provisions of the patent application

                                                      Date:2007-08-27


On regulating the behavior of certain provisions of the patent application

The first patent act 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, it shall comply 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 behavior is the patent:
(A) the same unit or individual to submit multiple pieces of content was 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 the design of the existing patent application, or directing 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 the number of patent applications to deduct non-normal number of patent applications;
(D) the proposed local People's Government for patent affairs shall not be funded or reward; have been funded or rewarded, it is recommended be recovered in whole or in part;
(E) recommend the All-China Patent Agents Association, engaged in acts of non-normal patent patent agencies and patent agents to industry self-regulatory measures, if necessary, recommend disciplinary committee under the patent, "patent agent 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, it shall give the parties opportunity to be heard.
Article VI of people around the government for patent affairs should guide the public and the patent agency shall submit the patent application. Patent agency found that non-normal patent act, it shall promptly report the State Intellectual Property Office.
Since the provisions of Article VII of October 1, 2007 shall come into force.

 

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