Some Provisions of China National Intellectual Property Administration on Regulating the Behavior of Patent Application

Article 1 In order to standardize patent applications and maintain the normal patent work order, these Provisions are formulated in accordance with the Patent Law, the Detailed Rules for the Implementation of the Patent Law and the Patent Agency Regulations. Article 2 When submitting or submitting a patent application on behalf of others, they shall abide by the relevant provisions of laws, regulations and rules, follow the principle of good faith, and shall not engage in abnormal patent application activities. Article 3 The abnormal patent application mentioned in these Provisions refers to:

(1) The same entity or individual submits multiple patent applications with obviously the same contents, or instructs others to submit multiple patent applications with obviously the same contents;

(2) The same entity or individual submits patent applications that obviously plagiarize existing technologies or designs for many times, or instructs others to submit patent applications that obviously plagiarize existing technologies or designs for many times;

(3) Patent agencies represent the types of patent applications listed in Item (1) or (2) of this Article. Article 4 According to the Patent Law and its detailed rules for implementation, China National Intellectual Property Administration may take the following measures to deal with abnormal patent applications as appropriate:

(a) do not slow down the patent fee; Has slowed down, fully or partially recovered;

(two) in the China National Intellectual Property Administration municipal government website and "China Intellectual Property News" to be informed;

(3) Deduct the number of abnormal patent applications from the statistics of the number of patent applications in China National Intellectual Property Administration;

(4) It is suggested that the patent administrative department of the local people's government should not grant financial aid or reward; If it has been funded or rewarded, it is recommended to recover it in whole or in part;

(5) It is suggested that the All-China Patent Agents Association take industry self-discipline measures against patent agencies and patent agents engaged in abnormal patent applications, and if necessary, it is suggested that the Patent Agents Disciplinary Committee give corresponding punishment according to the provisions of the Disciplinary Rules for Patent Agents (Provisional);

(6) If the circumstances are serious enough to constitute a crime, it shall be transferred to the relevant authorities for criminal responsibility according to law. Article 5 Before taking the measures listed in Article 4 of these Provisions, China National Intellectual Property Administration shall give the parties an opportunity to state their opinions. Article 6 The patent administration department of the local people's government shall guide the public and patent agencies to apply for patents according to law.

If a patent agency finds that the patent application is abnormal, it shall report to China National Intellectual Property Administration in time. Article 7 These Provisions shall come into force as of June 6, 2007.