A patent agency may be given a warning and punishment in any of the following circumstances:
(1) concealing the real situation and practicing fraud when applying for approval;
(2) changing the main registered items without authorization;
(3) Examining and approving or exceeding the approved scope of patent agency business, accepting entrustment and engaging in patent agency business without authorization;
(4) engaging in other illegal business activities.
If a patent agent commits one of the following acts, it shall be criticized and educated by its patent agency:
(1) Fails to perform duties or is incompetent, which damages the interests of the client;
(2) divulging or plagiarizing the contents of the invention and creation of the client;
(3) Exceeding the agency authority and harming the interests of the client;
(four) to accept the entrustment and undertake the patent agency business without permission, and collect fees.
If the acts mentioned in the preceding paragraph cause economic losses to the client, the patent agency may claim compensation from the patent agent according to a certain proportion after assuming the responsibility for economic compensation.
legal ground
Article 24 of the Regulations on Patent Agency stipulates that if a patent agency has any of the following circumstances, its superior competent department or the patent administration authorities of provinces, autonomous regions and municipalities directly under the Central Government may give it a warning and punishment; If the circumstances are serious, the Chinese Patent Office shall punish the revocation institution:
(a) concealing the real situation and practicing fraud when applying for examination and approval;
(2) changing the main registered items without authorization;
(3) Without examination and approval, or beyond the approved scope of patent agency business, accepting entrustment and undertaking patent agency business without authorization;
(4) engaging in other illegal business activities.
Article 25 of the Patent Agency Regulations stipulates that if a patent agent commits one of the following acts, if the circumstances are minor, his patent agency shall give him criticism and education.
If the circumstances are serious, the employment relationship shall be terminated by the patent agency where it belongs, and the patent agent's work permit shall be withdrawn;
The patent administration authorities of provinces, autonomous regions and municipalities directly under the Central Government shall give a warning or the Chinese Patent Office shall revoke the patent agent qualification certificate:
(1) Failing to perform duties or being incompetent, thereby harming the interests of the client;
(2) divulging or plagiarizing the contents of the invention and creation of the client;
(3) Exceeding the agency authority and harming the interests of the client;
(four) accept the entrustment, privately undertake the patent agency business, and collect fees;
If the acts mentioned in the preceding paragraph cause economic losses to the client, the patent agency may claim compensation from the patent agent according to a certain proportion after assuming the responsibility for economic compensation.