Patent examiners is a professional technician engaged in patent application examination in the national patent administration department. The examiner examines the patent application to determine whether the patent application meets the conditions for obtaining the patent right, and informs the applicant of the examination conditions in writing.
Examiners should not only be proficient in the professional knowledge in this professional technical field, but also master the patent law and other relevant laws and regulations. The technical posts in Patent examiners in China are divided into four levels: senior intellectual property division, senior intellectual property division, intellectual property division and assistant intellectual property division. ?
job requirement
Now China's annual workload of inventing Patent examiners is standardized, that is, 80 patent applications are examined every year. Historically, China and Patent examiners were "overloaded". This is of course the overload caused by the backlog of applications, but it will also cause people to worry about the quality of the audit.
Zhang Li said with relief that the examiner doesn't need this kind of pressure now. Examiners are not self-employed. They are trained in the Civil Service Law and Patent Law, and they are law enforcers who undertake official duties. It is their unshirkable responsibility to enforce the law fairly and examine every application strictly according to law. Scientific and reasonable workload is the basic guarantee to realize this profession.
Scientific and reasonable workload does not naturally produce high-quality review cases. In order to improve the quality of examination, the Patent Office has set up a three-level quality inspection agency. The first level is the quality inspection team of each department, which is responsible by the director; The middle level is the quality inspection team of each review department, headed by a deputy minister of the department; The highest quality inspection team in the Patent Office is composed of experienced Patent examiners, and it is set at the director level.
On April 26th, 2004, on the occasion of World Intellectual Property Day, the government of China published the white paper "Intellectual Property Protection in China in 2003".
At the press conference held by the State Council Information Office, Wang Jingchuan, then director, particularly emphasized three characteristics of patent work in 2003: First, the number of applications for three types of patents was divided into three parts, and the number of applications for invention patents first approached the number of applications for utility model patents in 16. In 2003, the number of invention patent applications increased by 3 1.3% compared with the previous year, much higher than the other two categories. Second, for the first time in eight years, the number of domestic applications for invention patents exceeded that of foreign applications.
Since China became a member of the Patent Cooperation Treaty (PCT) on 1994, the number of foreign invention patent applications has surged, while the number of domestic invention patent applications is relatively small. However, in 2003, there were 57,000 domestic applications for invention patents and 49,000 foreign applications.
However, he also pointed out that until 2003, the number of domestic invention patent applications was finally authorized, which was still 1 1404, far lower than that of foreign countries, with a disparity of 30.4∶69.6.
Interpretation of the above, there is an answer: Patent examiners, China successfully meets the wave of rapid growth of invention patents; China Patent examiners abides by the position of strictly neutral civil servants and follows the principle that law enforcement officers treat all applications equally.