2019年3月1日起施行。 The revised Patent Agency Regulations will come into effect on March 1, 2019. The "Regulations" amended and improved the relevant systems from the aspects of patent agency practice access, practice standards, and service supervision, further clarifying the legal status of the patent agency industry organization, filling the gaps in the legal system of the industry agency in the patent agency administrative regulations, and promoting The patent agency industry follows the path of high-quality development. A few days ago, the heads of the Ministry of Justice and the Intellectual Property Office answered questions from reporters on issues related to the Regulations.
2017年达到260亿元，与2015年相比增长了71%。 In recent years, the operating income of the patent agency industry has grown rapidly, reaching 26 billion yuan in 2017, an increase of 71% compared to 2015. It is understood that as of June 2018, 42,549 people have obtained patent attorney qualifications, 17,930 patent attorneys have practised, 1969 patent agencies, and 1,352 branches. There are more than 1,000 institutions conducting PCT application business.
Question: Please briefly introduce the background of the amendment of the Regulations.
1991年施行，对规范专利代理活动、推动专利事业发展起到了积极作用。 A: The current Patent Agency Regulations came into effect in 1991, which has played a positive role in regulating patent agency activities and promoting the development of patents. With the continuous improvement of China's socialist market economic system, major changes have occurred in the patent agency industry: When the current regulations were enacted in 1991, China's patent agencies were basically affiliated with administrative agencies or enterprises and institutions; "Opinions on Decoupling and Reform of Economic Assurance Social Intermediaries and Government Departments" (Guobanfa  No. 51), according to which the patent agencies were decoupled and reformed, and most of them turned into independent partnerships or limited liability companies and gradually moved to the market Specialization. Some elements of the current regulations are outdated. At the same time, the patent agency industry also appears that patent agencies and patent agents do not perform their agency obligations seriously, the quality of the agency is low, and the inventions of the clients are stolen to apply for patents in their own names. 2. Issues such as soliciting business in the name of patent agents, disrupting the normal order of the patent agency industry, etc., have seriously harmed the interests of clients.
Q: What is the general idea of the revision of the Regulations? What are the changes in patent attorney access?
Answer: This revision mainly grasps the following three points in the overall thinking: first, simplifying administration and decentralization, improving the patent admission practice system, and promoting professionalization and marketization of patent agencies. The second is to combine decentralization and management, improve the practice of patent agency practice, strengthen supervision during and after the event, and protect the legitimate rights and interests of clients. The third is to optimize services, improve service quality and work efficiency, and better serve the parties and the public. In order to attract more talents to enter the patent agency industry, the Regulations have adjusted the admission system for patent attorneys to relax their requirements and take account of fairness: First, uniform examination and certification. The current regulations provide for a patent agent qualification certificate system. The specific approach is to conduct examinations for the general public, assess personnel who have been engaged in patent examination and management for a long time, and issue certificates if they are qualified. This revision combines the assessment with the examination, uniformly implements the patent agent qualification examination, and a certificate is issued if the examination passes. The second is to lower the threshold for taking the examination and cancel the current regulations on the requirement to have a foreign language in applying for the qualification of patent agent. The third is to cancel the practice license in practice, and stipulate that the patent attorney can practise in accordance with the practice conditions stipulated in the Regulations.
Q: What adjustments have been made to the Regulations on the Patent Admission System for Patent Agencies?
Answer: In order to optimize the business environment, the Regulations have adjusted the admission system for patent agencies to relax their requirements: First, reform the examination and approval system for patent agencies. Amend the examination and approval of the establishment of patent agencies under the current regulations to the examination and approval of engaging in patent agency business, and place it after the industrial and commercial registration. The second is to relax the admission requirements for patent agencies, clarify that the organization of patent agencies is a partnership, a limited liability company, etc. At the same time, all partners and shareholders of the current patent agency must have a patent agency qualification certificate and patent agency practice The requirements of experience were changed to that partners and shareholders meet relevant national regulations. The third is to simplify the approval process. The content of applying for the establishment of a patent agency under the existing regulations to be reviewed and approved by the patent administration agencies of provinces, autonomous regions, and municipalities is abolished. Provisions for engaging in patent agency business are directly approved by the patent administration department of the State Council; meanwhile, the establishment of branches of patent agencies in practice is abolished. Approval.
Q: In order to improve the practice standards and service supervision, what measures are adopted in the Regulations?
Answer: In order to maintain the normal order of the patent agency industry and protect the interests of clients, the Regulations make the following provisions: First, the principle of voluntary agency is clarified. It is stipulated that, unless otherwise provided by law, any unit or individual may apply for patents and handle other patent matters in China itself, or may entrust a patent agency established in accordance with the law to handle the matter. The second is to improve the practice standards. Further clarify the code of practice for patent agencies and patent agents and their corresponding legal responsibilities. The third is to strengthen industry self-discipline. It is stipulated that patent agencies and patent agents can establish and participate in patent agency industry organizations in accordance with law. Patent agency industry organizations should strengthen self-discipline management of members. The fourth is to optimize services. The departments of the people's governments of provinces, autonomous regions, and municipalities to manage patent work are required to facilitate the filing of patent agents through the Internet. The patent administration department of the State Council and the departments of the people's governments of provinces, autonomous regions, and municipalities to manage patent work should strengthen the release of public information on patent agencies to inform the public. Provide consulting services on the operation of patent agencies and the practice of patent agents. The fifth is to improve inspection and supervision methods. The patent administrative department of the State Council and the administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are required to conduct random random inspections and other methods to inspect and supervise the practice activities of patent agencies and patent agents, and strengthen supervision after the event.