Organization code: 1 137 1
Person in charge: Li
Partners: Li, Wu,.
Address: Zuo 'an Gongshe, No.68 North Fourth Ring Road West, Haidian District, Beijing/floor KLOC-0/218.
Disciplinary reasons:
Beijing Fan Chao Zhicheng Intellectual Property Agency Co., Ltd. (general partnership) (hereinafter referred to as Fan Chao Zhicheng) engages in abnormal patent application and discloses the invention and creation contents of the client.
Specific facts:
1. has an extraordinary ambition to apply for an abnormal patent.
From April, 20 17 to July, 20 18, Fan Chao Zhicheng submitted 75 patent applications with obviously the same contents to several applicants in Jiangsu, Zhejiang and other provinces, which involved many topics. 2065438+On September 20th, 2007, 88 patent applications for simple replacement of different components were filed for the applicant "Chengdu Qinchuan Internet of Things Technology Co., Ltd.", and the themes of these applications involved many topics in the field of Internet of Things. In August of 20 17 and February of 18, nine patent applications for simple replacement of different materials were filed for the applicant "Chengdu Yixin Chemical Co., Ltd.", involving fertilizers and their preparation methods. 10 1 in the above patent application belongs to the abnormal patent application in items (1) and (3) of Article 3 of Several Provisions on Regulating the Behavior of Patent Application (China National Intellectual Property Administration Decree No.75).
Second, Fan Chao Zhicheng has the behavior of revealing the contents of the client's invention and creation.
Fan Chao Zhicheng submitted the contents of two unpublished patent applications (application numbers 201720710071x, 20 17207 100743) in July, 2007. After the confirmation of Chongqing Chuanhua Glass, Fan Chao Zhicheng submitted two other patent applications (application numbers: 20 17209 176770, 201720918/kloc) on July 26th, 20/kloc-0. Fan Chao Zhicheng sent the undisclosed invention and creation contents of Sichuan Xu Hong Optoelectronics to Chongqing Chuanhua Glass, and disclosed the invention and creation contents of the client. Fan Chao Zhicheng has some problems, such as inadequate implementation of confidentiality system and imperfect internal management system.
The above facts are evidenced by the following evidential materials:
1. Relevant patent application documents submitted by the agent of Fan Chao Zhicheng;
Second, the transcript of the conversation;
Three. Description of self-inspection and rectification submitted by Fan Chao Zhicheng;
4. Penalty Decision of Patent Agents Association (Patent Agents Association No.006 [20 18]).
Fan Chao Zhicheng engaged in abnormal patent application, which violated the provisions of Article 2 of Several Provisions on Standardizing Patent Application and interfered with the normal work of patent examination. This behavior belongs to "engaging in other illegal business activities" in Item (4) of Article 24 of the Patent Agency Regulations before revision; The act of disclosing the contents of the client's invention and creation violates the provisions of Article 19 of the Patent Law, and belongs to the case of "disclosing the contents of the client's invention and creation in violation of the provisions of Article 19 of the Patent Law" as stipulated in Item (1) of Article 8 of the Rules for Punishment of Patent Agents (for Trial Implementation).
On June 5, 20 19, 19, China National Intellectual Property Administration issued the Notice of Disciplinary Opinions on Patent Agents (Guo Zhi Disciplinary Letter No.6 [20 19]), informing Fan Chao Zhicheng of the disciplinary decision to cancel the registration certificate of patent agents, as well as the facts, reasons and evidence of the disciplinary decision. On 20 19122, our bureau received Fan Chaozhi's application for hearing, and applied for hearing the proposed cancellation. On March 20 19 1 1, our bureau received Fan Chaozhi's written statement and relevant evidential materials.
On March 2, 20 19, our bureau tried the case of revoking the registration certificate of Fan Chao Zhicheng patent agency according to the relevant provisions of the Administrative Punishment Law. Li, the principal of entrusted agent Zhicheng, and representative Zhicheng attended the hearing.
In the written statement and hearing, Fan Chao Zhicheng expressed no objection to the illegal facts such as "disclosing the client's invention and creation" and "engaging in abnormal patent application" identified in the Notice of Punishment Opinions, and deeply blamed himself for the adverse effects. Submitted the letters of understanding and documents issued by the earlier applicant and the later applicant concerning the act of "disclosing the contents of the client's invention and creation", and the documents that the earlier application has been authorized and the later application has received the notice of withdrawal; Submitted a number of rectification measures and implementation progress taken by Fan Chao Zhicheng against the above-mentioned illegal acts, as well as relevant materials of self-examination and self-correction.
At the same time, according to the specific discretionary circumstances of this case, Fan Chao Zhicheng put forward the following defense reasons: 1. Fan Chao Zhicheng has taken effective measures to actively eliminate and mitigate the harmful consequences of the illegal acts identified in the Notice of Punishment Opinions; 2. Regarding the illegal acts pointed out in the Notice of Punishment Opinions, Fan Chao Zhicheng deeply reflected, earnestly carried out internal self-examination and self-correction, and introduced a series of rectification measures, which achieved certain results; 3. The revised Regulations on Patent Agency came into effect on March 1 year, and provided other new and lighter punishment measures for the illegal act of "disclosing the invention and creation content of the client". I hope to refer to the Notice of the Supreme People's Court (Law [2004] No.96), and consider the circumstances of eliminating and mitigating the illegal consequences and rectification in Chao Zhicheng, and apply the provisions of Item (1) of Article 27 of the Revised Patent Agency Regulations and the Administrative Punishment Law to give a lighter or mitigated punishment.
The above facts are evidenced by the following evidential materials:
Verb (abbreviation of verb) hearing record;
Six, hearing statements and related evidence materials.
According to the above new evidence and defense opinions, our bureau believes that Fan Chao Zhicheng has illegal facts of engaging in abnormal patent applications and revealing the contents of the client's inventions and creations, and should be punished. There are still some problems in Fan Chao Zhicheng, such as inadequate implementation of confidentiality system and imperfect internal management system. However, considering that Fan Chao Zhicheng had a good attitude of admitting his mistake, he took the initiative to apologize to the relevant patent applicants involved in the leak and obtained an understanding. He seriously carried out self-examination and self-correction within the enterprise, and introduced corresponding rectification measures, which reduced the harmful consequences of illegal acts, and there were circumstances of lighter or mitigated punishment.
In view of the changes in the types of penalties imposed by the revised Patent Agency Regulations and the revised Patent Agency Regulations on the illegal act of "disclosing the contents of the client's inventions and creations", Chao Chaozhi realized that although the above-mentioned illegal acts occurred before the implementation of the new law, according to the provisions of Article 93 of the Legislative Law, combined with the Notice of the Supreme People's Court (Fa Fa Fa [2004] No.96), the old and new legal norms,
Disciplinary decision:
According to Article 19 of the Patent Law, Article 25 of the Revised Patent Agency Regulations and Article 27 of the Administrative Punishment Law, Fan Chao Zhicheng was given a penalty of "ordered to stop undertaking new patent agency business 12 months".
If a party refuses to accept this punishment decision, he may apply for administrative reconsideration to China National Intellectual Property Administration within 60 days from the date of receiving this decision, or bring an administrative lawsuit to a people's court with jurisdiction within 6 months from the date of receiving this decision. During the period of reconsideration and litigation, the above decision shall not be suspended.
China National Intellectual Property Administration
2065438+March 26th, 2009