Measures for the Implementation of Patent Agent Qualification Examination (2008)

Article 1 In order to standardize the qualification examination for patent agents, these Measures are formulated in accordance with the Patent Law of People's Republic of China (PRC) and the Regulations on Patent Agents. Article 2 The patent agent qualification examination shall be conducted in a unified national examination system, and the examination shall be held once a year. Article 3 The patent agent qualification examination includes the following examination subjects:

(1) Knowledge of patent law;

(2) Relevant legal knowledge;

(3) Patent agency practice.

Patent agent qualification examination adopts closed-book written examination. Article 4 China National Intellectual Property Administration organized the establishment of a patent agent review committee. The review committee is responsible for examining and approving the outline of the patent agent qualification examination and determining the qualified score line of the patent agent qualification examination. Its members are composed of relevant departments of China National Intellectual Property Administration and the State Council, relevant personnel of the All-China Patent Agents Association and representatives of patent agents, and the director is China National Intellectual Property Administration.

The office of the Patent Agent Examination Committee is located in China National Intellectual Property Administration, responsible for the specific work of the patent agent qualification examination. Article 5 China National Intellectual Property Administration shall, six months before the annual patent agent qualification examination is held, announce the test center city, examination time and certificate issuance in the form of announcement.

China National Intellectual Property Administration patent agent qualification examination unified proposition, the scope of the proposition is subject to the patent agent qualification examination outline. Article 6 The intellectual property offices of the provinces, autonomous regions and municipalities directly under the Central Government where the test centers are located undertake tasks such as accepting applications, examining the qualifications of applicants, setting up examination rooms, organizing examinations and distributing examination transcripts. Article 7 Persons who register for the patent agent qualification examination shall meet the conditions stipulated in Article 15 of the Patent Agency Regulations.

Persons under any of the following circumstances shall not take the patent agent qualification examination:

(1) Having received criminal punishment for intentional crime;

(2) Being disqualified as a patent agent;

(3) A person who falls under the circumstances specified in Article 12 of these Measures and is sentenced to fixed-term imprisonment of not more than three years shall not sign up for the patent agent qualification examination, and less than three years have passed. Article 8 When holding a training course for patent agent qualification examination, applicants for the examination shall not be forced to participate in the training, and participants shall not be forced to buy textbooks or other examination materials designated by them. Article 9 Personnel who participate in the proposition, organization and management of the patent agent qualification examination shall not disclose the examination questions and other relevant information, and shall not take the examination.

The proposer shall not engage in teaching, answering questions, counseling and other activities related to the patent agent qualification examination. Article 10 China National Intellectual Property Administration shall be responsible for the nationwide unified marking of the patent agent qualification examination, and publish the examination results. Eleventh candidates to achieve the patent agent qualification examination results, awarded the "patent agent qualification certificate" in China National Intellectual Property Administration. Article 12 Give a warning to the candidates who violate the discipline according to the circumstances and consequences, confirm that the test results are invalid, and may not sign up for the patent agent qualification examination within three years. Examination staff who violate discipline shall be dealt with according to the circumstances and consequences. If the circumstances are serious enough to constitute a crime, legal responsibility shall be investigated according to law.

The specific measures for dealing with the disciplinary actions of candidates and examination staff shall be formulated separately by China National Intellectual Property Administration. Thirteenth patent agent qualification examination rules shall be formulated separately by China National Intellectual Property Administration. Article 14 These Measures shall come into force as of June 65438+1 October1day, 2008, and the Measures for the Implementation of Patent Agent Qualification Examination issued by Decree No.36 of China National Intellectual Property Administration shall be abolished at the same time.