Units directly under the Ministry of Machinery Industry need to set up a patent agency, they should have trained personnel who have obtained the patent agent qualification, have a considerable number of patent applications and have a certain working foundation, and must be approved by the Patent Management Office of the Ministry of Machinery Industry and reported to the China Patent Office for the record. Article 3. When accepting entrustment and undertaking business, a patent agency shall have a power of attorney submitted by the client, indicating the authorization authority, which shall be sealed or signed by the client.
Patent agencies accept the entrustment and undertake business in accordance with the Measures of the Ministry of Machinery Industry for Charging Patent Agents (see Annex).
A patent agency shall have an agent to undertake the following businesses:
(1) Providing consultation on patent affairs;
(2) Writing patent application documents and matters related to patent application;
(three) matters related to the request for substantive examination and review;
(4) Matters related to raising objections and requesting the invalidation of the patent right;
(five) matters related to the transfer of patent rights and patent licensing;
(six) entrusted to undertake patent literature retrieval, patent litigation, non-litigation mediation and other related patent affairs. Article 4 The Patent Agency Service Department of the Ministry of Machinery Industry is a patent agency in the machinery industry. Its task is: to provide assistance and services related to patent law and patent affairs for organs, enterprises, institutions and individuals of mechanical systems; To guide the patent agency business of the agencies of subordinate units; Raise funds for inventions; Establish an agent network for the Ministry. Contact the patent agent of mechanical system, and be responsible for training the directly affiliated units and agent network agents. Article 5 Employees of units directly under the Ministry who have obtained the agent certificate issued by the China Patent Office may, with the consent of the unit, apply to the Ministry's agency service office, and after being selected by the office, they will serve as part-time patent agents in the Ministry's patent agency service office, which will file with the China Patent Office. Article 6 A patent agent must perform his duties in a patent agency, and the work shall be assigned by the patent agency and shall not be entrusted by himself. Patent agents of units directly under the Ministry can participate in the agency network of the Patent Agency Service Office of the Ministry as part-time agents without an agency.
In the process of undertaking patent affairs, if a patent agent is unable to act as an agent for various reasons, it shall promptly notify the agency, and the agency and the original client shall reach an agreement through consultation, and the agent may stop after making a decision to stop. The patent agent himself has no right to suspend it, and if the agent suspends it without reason, the economic losses caused thereby shall be borne by the agent. Article 7 The acts of a patent agent within the scope of authorization have the same legal effect as those of the principal. The performance of duties by agents according to law is protected by state laws, and no unit or individual may interfere.
Patent agents of units directly under the Ministry and the staff of patent agencies are responsible for keeping confidential the inventions and creations they know in their business, unless the patent application has been published or announced. For a patent agent who is seriously incompetent, plagiarizes the entrusted invention-creation, intentionally discloses the contents of the client's invention-creation, or seriously damages the interests of the client, the agency service department of the Ministry may suggest the relevant departments to cancel his patent agent qualification and revoke his agent certificate.
Where a patent agent plagiarizes a client's invention and creation, he shall be given administrative sanctions by his unit; If the circumstances are serious, legal responsibility shall be investigated according to law. Article 8 Enterprises and institutions in the machinery industry shall, in principle, be given preferential service fees for service invention patent applications and non-service invention agency services to encourage inventions and creations. Article 9 As a part-time agent employed by the patent agency of the Ministry of Machinery Industry, under normal circumstances, the patent application project of the unit to which the agent belongs is represented by the part-time agent of the unit. The agency is responsible for guiding patent affairs, proofreading the quality of application documents, and assisting agents to fulfill various restrictions in the process of patent application. Part-time agents represent their own patent application projects in the ministries and agencies, and the agency fee is about 60% as stipulated by the ministries and agencies, part of which is paid by the ministries and agencies to the part-time agents as remuneration, and the other part is used as the costs and labor expenses of the ministries and agencies. Article 10 Patent agents who have made remarkable achievements in patent agency work shall be commended. Article 11 These Measures shall be implemented as of 1 July, 9861day.