Applying for a patent is a complicated matter, and many applicants can avoid this trouble by entrusting a special patent application agency to apply for a patent on their behalf. However, the establishment of patent agencies needs to meet certain conditions, so do patent agencies need annual inspection? The following are answers to related knowledge for readers' reference.
Do patent agencies need annual review?
According to the law, patent agencies need to conduct annual inspection. The Measures for the Administration of Patent Agencies stipulates that all approved patent agencies and law firms offering patent agency business should participate in the annual inspection.
the basis of law
1. Article 6 of the Patent Agency Regulations applies for the establishment of a patent agency to handle domestic patent affairs, or a law firm applies for the establishment of a patent agency business, which shall be approved by the competent authority and submitted to the patent administration authorities of provinces, autonomous regions and municipalities directly under the Central Government for examination; If there is no competent authority, it can be directly reported to the patent administration authorities of provinces, autonomous regions and municipalities directly under the Central Government for examination. If it passes the examination, the examination organ shall report it to the Chinese Patent Office for examination and approval. "
2. Measures for the Administration of Patent Agents (State Intellectual Property Order No.61) Article 30 China National Intellectual Property Administration is responsible for organizing and guiding the annual inspection of patent agencies and patent agents, and entrusts the intellectual property offices of provinces, autonomous regions and municipalities directly under the Central Government and the National Defense Patent Office to carry out the annual inspection of patent agencies and patent agents. All approved patent agencies and law firms providing patent agency services should participate in the annual inspection, and the offices of patent agencies should bring their patent agencies and relevant materials to participate in the annual inspection.
procedure
1, and put forward the monitoring scheme. According to the annual inspection requirements of China National Intellectual Property Administration, the comprehensive management office of Zhejiang Intellectual Property Office issued a notice to the patent intermediary service agencies that need to participate in the annual inspection, and determined the materials submitted by the patent intermediary agencies and the annual inspection methods. Conduct on-site inspection and data file review according to the monitoring plan.
Step 2 check. Personnel participating in the on-site inspection must hold valid law enforcement certificates and be composed of more than two inspection teams; Prepare necessary inspection equipment: identify yourself during on-site inspection. Inspection contents: registered items of patent intermediary service institutions; Agency authority; Patent agent qualification certificate, funds and working facilities, business situation, etc.
3. Check and handle. If the inspection is normal, fill in the Notice of Annual Inspection of Zhejiang Intellectual Property Office;
4. Review regularly. If any abnormal situation is found in the inspection and handled, it shall be reviewed regularly according to the regulations.
5. Summarize and file. Summarize the monitoring situation, classify and file all records and materials, and indicate the problems found and the treatment opinions.