China National Intellectual Property Administration's handling of abnormal patent application behavior

China National Intellectual Property Administration's handling of abnormal patent application behavior 1. What is abnormal patent application behavior? China National Intellectual Property Administration's handling of abnormal patent application behavior According to the "Several Provisions on Regulating Patent Application Behavior" issued by China National Intellectual Property Administration (implemented on June 5438+ 10/day, 2007), abnormal patent application behavior refers to: (1) the same unit or individual submits multiple patent applications with obviously the same content, or instructs others to submit multiple patent applications with obviously the same content. (2) The same entity or individual submits patent applications that obviously plagiarize existing technologies or designs for many times, or instructs others to submit patent applications that obviously plagiarize existing technologies or designs for many times; (3) Patent agencies represent the types of patent applications listed in Item (1) or (2) of this Article. Two. To deal with the abnormal patent application in China National Intellectual Property Administration, in addition to handling the submitted patent application in accordance with the provisions of the Patent Law and its detailed rules for implementation, the following measures can be taken according to the situation: (1) not delaying the payment of patent fees; Has slowed down, fully or partially recovered; (two) in the China National Intellectual Property Administration municipal government website and "China Intellectual Property News" to be informed; (3) Deduct the number of abnormal patent applications from the statistics of the number of patent applications in China National Intellectual Property Administration; (4) It is suggested that the patent administrative department of the local people's government should not grant financial aid or reward; If it has been funded or rewarded, it is recommended to recover it in whole or in part; (5) It is suggested that the All-China Patent Agents Association take industry self-discipline measures against patent agencies and patent agents engaged in abnormal patent applications, and if necessary, it is suggested that the Patent Agents Disciplinary Committee give corresponding punishment according to the provisions of the Disciplinary Rules for Patent Agents (Provisional); (6) If the circumstances are serious enough to constitute a crime, it shall be transferred to the relevant authorities for criminal responsibility according to law. Before taking the above measures, China National Intellectual Property Administration should give both sides an opportunity to state their opinions.