(2) The name of the patent agency meets the following conditions:
Patent agencies can only enjoy and use one name. The name of a patent agency shall consist of the name of the city where the agency is located, the trademark name, the patent agency, the patent agency co., ltd. or the intellectual property agency or the intellectual property agency co., ltd. Its name shall not be the same as or similar to the name of the patent agency that is in use or has been used nationwide.
A law firm that undertakes patent agency business may use the name of the law firm.
(3) There is a partnership agreement or articles of association.
(4) A partner or shareholder meets the following conditions:
1, with the qualification of patent agent;
2. Have more than 2 years working experience in patent agencies;
3. Be able to engage in patent agency business full-time;
4. When applying for the establishment of a patent agency, the applicant is no more than 65 years old;
5. Good conduct.
Second, the role of patent agency
(A) the role
Patent agency is an important support for the effective operation of the patent system and a core component of the intellectual property intermediary service system.
The level and quality of patent agency services have an important impact on protecting China's independent innovation achievements according to law.
(2) Development achievements
Since the establishment of the patent system, by the end of July 2009, China's patent agencies had grown to 735, with more than 6,000 registered patent agents and about17,000 employees in the whole industry. The state adopted the plan of 15, which further enhanced the importance of the patent system.
(3) Working principle
Basic principles of patent agency work:
1, notification principle
2, the principle of authorization
3. The principle of being responsible for customers
4. Principle of confidentiality
(4) Classification of patent agency services
Classification by unit nature
It is divided into XX Intellectual Property Agency Co., Ltd. and XX Patent Agency (general partnership).
The difference between the two:
XX Intellectual Property Agency Co., Ltd. only undertakes limited liability in the process of agency affairs and later legal disputes.
XX patent agency (general partnership) shall bear unlimited joint and several liability in legal disputes during and after trading agent.
Therefore, the general XX patent agency (general partnership) is more cautious when doing its work. In foreign countries, the unit engaged in patent agency affairs is often XX patent agency (general partnership).
Third, the role of patent applicants.
(a) professional, labor-saving, can ensure that the inventor or legal assignee correctly handle all kinds of laws and regulations in order to obtain and safeguard the patent right.
Handling patent affairs is a complex and meticulous work, involving many aspects of knowledge such as law, economy, science and technology, and scientific and technological literature. Applying for a patent often requires considerable manpower and financial resources, so before deciding to apply for a patent, it is necessary to analyze the advantages and disadvantages of the relevant application in detail, including the patentability analysis of the application content, judge whether the patent protection can be obtained, predict the implementation prospect of the application content, and judge whether the technology has the economic value of the application. In addition, the timing and type of application should be analyzed and selected. If the applicant is not familiar with the legal provisions of patents and how to apply for patents, and does not entrust a patent agent, it will not be able to effectively safeguard its due rights, or even lose its due rights. Obtaining a patent requires many procedures, including filing a patent application, writing a specification, its abstract and claims. The technology disclosed in the specification must be consistent with the scope of protection requested by the claims, and the undisclosed technical content cannot be protected. Although it is open, it can't get proper protection and corresponding rights.
(2) The document quality is high and the success rate is high.
To write a set of qualified patent application documents, it is difficult for people without special training and writing practice to write a good patent application document. The State Patent Office has strict requirements on the format of application documents. If the document does not meet the requirements, it will be required to make corrections, so the State Patent Office generally recommends that the application be made by an agency. The writing of the claims must use special legal language to accurately define the scope of protection. In the whole patent application, we should also pay attention to abide by various restrictions that cause adverse legal consequences. An application cannot be filed if the invention or creation violates state laws, social morality or impairs public interests; Lack of patent conditions, can not apply; It also includes responding to the objections raised by the public patent in time, bringing a lawsuit to the people's court to declare the patent invalid or revoke or infringe the patent right, and paying the annual patent fee in full and on time to safeguard the patent right. In order to complete the writing procedures and requirements stipulated by law in time and correctly, it is necessary to know the technical knowledge about inventions, master the provisions and essence of patent law, be familiar with patent business, and have time and energy to specialize in these tasks, and patent agents can help inventors successfully complete these necessary tasks.
(3) The procedures are simple, time-saving and efficient, and the risks are reduced.
After the application documents are submitted, there are still many formalities to be handled, and it is possible to answer the opinions put forward by the examiner. If a link goes wrong, all previous efforts may be wasted, resulting in undue but irreparable losses.
(four) expert guidance, comprehensive knowledge, thoughtful and meticulous, speed up the examination and approval.
Patent agencies are specialized agencies that handle patent applications and other patent affairs. Patent agents working in patent agencies are professionals who know both professional technology and patent law and related regulations. Therefore, entrusting patent agents to patent agencies to handle patent applications and other patent affairs can not only avoid undue losses, but also improve the quality of patent applications and speed up the examination and approval. Although there will be agency fees, the client can get more considerable income than agency fees, and achieve twice the result with half the effort.
(5) The personal journey is hard, time-consuming and laborious, the acceptance speed is generally not as good as that of the agency, and the comprehensive cost is higher than that of the agency.
(6) Being able to safeguard the interests of the inventor or legal assignee.
Patent agency not only needs to obtain and maintain all kinds of legal procedures and requirements of patent right on behalf of other parties in a timely and correct manner, but more importantly, it seeks benefits for clients by implementing these legal acts.
(seven) to improve the efficiency of the patent examination organ.
The efficiency of patent examination authorities in accepting applications, approving and issuing patents is not only related to the professional quality of their staff, but also related to the quality of application documents provided by patent applicants. Because an application document does not meet the requirements, it must be revised and supplemented. It will bring difficulties to the examination, delay the examination and approval time, and some will leave hidden dangers for future patent disputes. Therefore, the excellent and effective work of patent agents is one of the important factors for patent examination organs to improve their work efficiency.