Measures for the administration of patent agency

Legal analysis: The Measures for the Administration of Patent Agency was formulated and promulgated in 2003, and was revised twice on 201kloc-0/and 20 15. The relevant person in charge of the Department of Law and Law of China National Intellectual Property Administration pointed out that since the promulgation and implementation of the Measures for the Administration of Patent Agency, it has played a positive role in ensuring the normal order of the patent agency industry and promoting the healthy development of the industry. However, with the rapid development of intellectual property rights, new situations have emerged in the patent agency industry in terms of development format, business field and talent flow, and innovators have put forward higher requirements for the quality of patent agency services.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 3 The patent administrative department of the State Council is responsible for the management of patent work throughout the country; Accept and examine patent applications in a unified manner and grant patent rights according to law.

The departments for patent administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.

Article 4 Where an invention-creation applying for a patent involves national security or vital interests and needs to be kept confidential, it shall be handled in accordance with the relevant provisions of the state.

Article 5 No patent right shall be granted for inventions and creations that violate laws, social ethics or harm public interests.

No patent right shall be granted to inventions and creations obtained or utilized in violation of laws and administrative regulations and completed by relying on genetic resources.

Article 6 Inventions and creations made by performing the tasks of the unit or mainly using the material and technical conditions of the unit are service inventions and creations. The right to apply for a patent for a service invention-creation belongs to the unit. After the application is approved, the unit becomes the patentee. Units may dispose of the patent application right and patent right of their service inventions and creations according to law, and promote the implementation and application of related inventions and creations.

The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer; After the application is approved, the inventor or designer shall be the patentee.

Where an invention-creation completed by making use of the material and technical conditions of the entity has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent, such agreement shall prevail.

Article 7 No unit or individual may suppress an inventor or designer's application for a patent for non-service invention-creation.