With the increasing importance of intellectual property work and the rapid growth of patent applications in China, some aspects of the current patent agent qualification examination model can no longer meet the needs of the situation and career development. In order to implement Theory of Three Represents, implement the policy of "people-oriented, building a harmonious society" and promote the healthy development of the patent agency industry, China National Intellectual Property Administration thinks it is necessary to reform the current patent agent qualification examination mode.
I. Objectives and principles
The goal of the reform of patent agent qualification examination mode is to strengthen the construction of patent agent industry, improve the professional quality of patent agents, meet the needs of the development of intellectual property rights in China, and serve to build a well-off society in an all-round way.
The principle of the reform of the patent agent qualification examination mode is fairness, transparency, science and standardization, so as to create a fair, orderly, serious and reasonable good atmosphere for the public who are interested in patent work to obtain the patent agent qualification.
Second, the reform plan
1. Increase the frequency of holding the national patent agent qualification examination.
The national patent agent qualification examination, now held every two years, will be held once a year with a fixed examination time.
2. Reform the examination subjects and contents.
The original four subjects were changed to three subjects, and the names and contents of the three subjects were adjusted as follows:
(1) China patent legal knowledge
The examination topics of this subject involve Chinese patent laws, regulations and departmental rules, authorization standards and examination and approval procedures for three types of patents, reexamination and invalidation, patent documents, etc. , and basically covers the examination contents of three other examination subjects except the writing of patent application documents.
(2) Relevant legal knowledge
The examination questions of this course involve the contents of relevant laws (focusing on the general principles of civil law, civil procedure law, contract law, administrative procedure law, etc.). ), other intellectual property laws and international treaties related to intellectual property (with emphasis on TRIPS Agreement, Paris Convention and Patent Cooperation Treaty).
(3) Patent practice
This topic involves the writing of patent application documents, opinion statements, reexamination requests, invalidation requests or defenses, patent infringement litigation complaints or defenses and other documents.
The first and second examination subjects adopt multiple-choice questions and answer sheets read by a form filling machine; The third examination subject adopts the examination method of discussing and answering questions.
In order to highlight patent knowledge, the proportion of the three exams can be different. For example, the number of questions in the first exam can be appropriately increased, and its full score can also be increased accordingly. In order to assess candidates' foreign language ability, we can consider providing English comparative literature in the third exam.
3. Publish the test papers and answers after the exam.
After the examination is completed, the examination questions and reference answers will be published in time.
4. Determine the admission criteria according to actual needs.
Change the current standard of fixed total score and double score in single subject to the standard of merit-based admission according to a certain proportion of the number of people taking the exam (and set up the control line of single subject score in patent practice). The admission ratio shall be determined through consultation by the Patent Agent Assessment Committee.
5. Provide daily and regular training for patent agents.
Relying on social forces to hold patent agent qualification examination and training, gradually establish routine patent agent examination and training methods, standardize training content, improve training materials, and provide convenience for candidates and the public to be familiar with the patent system and obtain necessary other intellectual property knowledge and related legal knowledge.
The above reform measures are planned to be implemented in 2006, and China National Intellectual Property Administration welcomes public suggestions and opinions on the above reform plan before the end of June.
Please send the letter to: Wang Yun, Patent Agency of China National Intellectual Property Administration Legal Department, No.6 100088, West Tucheng Road, Jimenqiao, Haidian District, Beijing;
Please send an email to :wangyun@sipo.gov.cn.