1980 65438+ 10/0/4. the State Council approved the establishment of the Patent Office of the People's Republic of China, hereinafter referred to as the China Patent Office. Wu Heng, then deputy director of the State Science and Technology Commission, was also the director of China Patent Office. Before the business building was completed, China Patent Office went through a difficult period of starting a business.
Expansion: 1998 institutional reform in the State Council, and the Patent Office of the People's Republic of China was renamed as China National Intellectual Property Administration, becoming an institution directly under the State Council; As the institution in charge of national patent work in the State Council, its main responsibilities are:
Entrusted by the State Council, put forward the revision plan of the patent law and its implementing rules, and be responsible for explaining the implementing rules of the patent law; Participate in the formulation of relevant intellectual property laws and regulations. Accepting and examining patent applications according to law, and granting patent rights to inventions and creations that conform to the provisions of the Patent Law; Review and make a decision on the request for reexamination, revocation and invalidation of the patent right. Formulate national patent development plans and strategies, define the principles and policies of patent work, and organize their implementation after approval. To guide and coordinate the work of local and departmental patent management authorities in mediating patent disputes and investigating and dealing with patent counterfeiting. Formulate relevant policies and regulations, standardize and guide patent licensing trade; Participate in and guide intangible assets evaluation with intellectual property evaluation as the main content. Plan and promote the popularization of patent law and the training of patent team, be responsible for the examination and qualification confirmation of patent agents, examine and approve patent agencies, and designate foreign-related patent agencies. Manage national patent documents and provide patent information services to the society; Guide departments and local patent literature and patent information work, strengthen the dissemination of patent information to all fields of society, and promote the development of information industry. Manage international liaison, cooperation and exchange activities in patent work, and participate in and coordinate foreign-related affairs in intellectual property. Complete other tasks assigned by the State Council.
China Patent Office (later China National Intellectual Property Administration) exercised power on behalf of the state, protected patents and intellectual property rights, and made important contributions to the country's scientific and technological progress and economic development.
Legal basis:
Notice of the General Office of the State Council on printing and distributing the organizational plan of the Patent Office of the People's Republic of China.
Article 1 The China Patent Office is the institution in charge of patent work in the State Council. Its main responsibilities are:
(1) Entrusted by the State Council, proposing amendments to the Patent Law and its implementing rules, and being responsible for interpreting the implementing rules of the Patent Law; Participate in the formulation of relevant intellectual property laws and regulations.
(2) Accepting and examining patent applications according to law, and granting patent rights to inventions and creations that conform to the provisions of the Patent Law; Review and make a decision on the request for reexamination, revocation and invalidation of the patent right.
(three) to formulate the national patent development plan and development strategy, formulate the principles and policies of patent work, and organize the implementation after approval; Formulate rules and regulations on patent work in the fields of economy, science and technology in conjunction with relevant departments to guide the patent work of local enterprises, scientific research units and institutions of higher learning.
(four) to study and put forward the criteria for patent confirmation and patent infringement, to guide and coordinate the work of local and departmental patent administrative organs in mediating patent disputes and investigating and dealing with patent counterfeiting, and to provide advice to the people's courts in trying patent infringement and other patent dispute cases.
(5) Formulating relevant policies and regulations to regulate and guide patent licensing trade; Participate in and guide intangible assets evaluation with intellectual property evaluation as the main content.
(six) planning and promoting the popularization of the patent law and the training of the patent team, responsible for the examination and qualification of patent agents, examining and approving patent agencies, and designating foreign-related patent agencies.
(seven) to manage the national patent literature and provide patent information services to the society; Guide departments and local patent literature and patent information work, strengthen the dissemination of patent information to all fields of society, and promote the development of information industry.
(eight) to manage the international liaison, cooperation and exchange activities in patent work, and to participate in and coordinate foreign-related affairs in intellectual property.
(nine) to complete other tasks assigned by the State Council.