In order to standardize the patent agent qualification examination, these Measures are formulated in accordance with the Patent Law of People's Republic of China (PRC) and the Regulations on Patent Agents.
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The patent agent qualification examination adopts the national unified examination method and is held once a year.
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The patent agent qualification examination includes the following examination subjects:
(1) Basic legal knowledge related to patents;
(2) Writing of patent application documents;
(3) Patent application procedures, examination and approval procedures and document retrieval;
(four) the patent examination and approval standards and examination and invalidation.
The patent agent qualification examination takes the form of closed-book written examination.
Article 4
The patent agent qualification examination shall be organized by the Patent Agent Examination Committee.
The Patent Agents Examination Committee is 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, with China National Intellectual Property Administration as the chairman.
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
The Patent Agent Examination Committee shall issue a notice six months before holding the patent agent qualification examination, and announce the test center city, examination time and other matters.
The patent agent qualification examination is unified by the Patent Agent Examination Committee, and the scope of the proposition is subject to the outline of the patent agent qualification examination formulated and published by the Patent Agent Examination Committee.
Article 6
The intellectual property offices of the provinces, autonomous regions and municipalities directly under the Central Government in the cities where the test sites are located set up leading groups for the qualification examination of patent agents to undertake the work of accepting applications, examining the qualifications of applicants, setting up examination rooms and organizing examinations.
Article 7
Persons who sign up for the patent agent qualification examination shall meet the conditions stipulated in Article 15 of the Patent Agency Regulations.
Under any of the following circumstances, you cannot take the patent agent qualification examination:
(1) Having received criminal punishment for intentional crime;
(2) Being disqualified as a patent agent;
(three) the examination qualification has been cancelled for less than three years due to the circumstances stipulated in Article 12 of these Measures.
Article 8
Those who sign up for the patent agent qualification examination shall pay the examination registration fee in accordance with the standards formulated by the State Council price management department in conjunction with China National Intellectual Property Administration.
Article 9
Local intellectual property offices, the All-China Patent Agents Association and relevant institutions and organizations may hold training courses for patent agents' qualification examinations, but they shall not force examination applicants to participate in the training, nor shall they force students to purchase textbooks or other auxiliary examination materials designated by them.
Article 10
Personnel who take the patent agent qualification examination shall not take the examination, and shall not engage in teaching, answering questions, counseling and other activities related to the patent agent qualification examination.
Article 11
The invigilator shall stop those who take the patent agent qualification examination from violating the rules of the examination room and give them a warning.
Article 12
Under any of the following circumstances, the leading group of the patent agent qualification examination of the intellectual property office of the province, autonomous region or municipality directly under the Central Government where the test center is located may make a decision to cancel its examination qualification:
(a) instead of others or others to take the exam;
(2) Plagiarizing other people's answer sheets or test papers, and transmitting the answer sheets or test papers and information related to the test contents;
(three) seriously disrupting the order of the examination room or threatening the personal safety of the examination staff;
(four) colluding with the examination staff to alter the answer sheet or answer sheet.
Article 13
The patent agent qualification examination shall be marked uniformly throughout the country, and the examination results shall be published by the office of the Patent Agent Assessment Committee.
Article 14
The qualified scores of the patent agent qualification examination shall be determined by the Patent Agent Examination Committee and published by the Office of the Patent Agent Examination Committee.
Article 15
Those who take part in the patent agent qualification examination achieve the published patent agent qualification examination results, and shall be awarded the Patent Agent Qualification Certificate of China National Intellectual Property Administration.
Article 16
Specific examination rules such as registration, examination room setting, examination paper transportation and storage, examination rules, invigilation, marking and score verification shall be formulated and published separately.
Article 17
The staff of the patent agent qualification examination shall carry out all work related to the patent agent qualification examination in strict accordance with the requirements of these Measures and the examination rules. Staff involved in setting questions, transporting and keeping test papers and invigilating shall strictly abide by the confidentiality system; The staff involved in marking papers should be serious and responsible, fair and just.
Any staff member of the patent agent qualification examination who neglects his duty, abuses his power or engages in malpractices for personal gain shall be investigated for responsibility in accordance with Article 67 of the Patent Law of People's Republic of China (PRC).
Article 18
China National Intellectual Property Administration is responsible for the interpretation of these measures.
Nineteenth these Measures shall come into force as of April 6, 2004+0.