Sunday, February 13, 2011

Official proposed amendments requires that a patent agent qualification division

 BEIJING, Feb. 11 Legislative Affairs Office of the State Council published the full text on its Web site today, a clear qualification requirements, and also lists the qualifications of the cause for the cancellation.

draft stipulates that support the Constitution of the PRC, and Chinese citizens who meet the following conditions may apply for the patent administration department of the State Council issued the patent agent qualification certificates: (a) good character; (b) eighteen years of age, with full civil capacity; (c) has a Bachelor degree in science and engineering colleges and universities; (d) held by the State Council, the National Patent Administration Department under the patent agent qualification exam.

support the Constitution of the PRC, with full civil capacity and meet the following conditions of Chinese citizens can apply for the patent administration department of the State Council issued the patent agent qualification certificates: (a) good character; (b) with higher education college or education; (c) engaged in patent examination, patent more than a decade of legal research; (d) a senior professional title or equivalent professional level. Certificate issued by the specific method for the patent administration department of the State Council.

draft stipulates that the application for a patent license to practice division, it shall meet the following conditions: (a) good character; (b) has a patent agent qualification certificates; (c) of the patent agent qualification certificates after the patent agency full year of apprenticeship; (iv) labor contracts entered into the patent agency; (e) for not more than seventy years of age at the time.

but one of the following circumstances, shall not be issued license to practice the patent agent division: (a) in the state organs, enterprises, institutions or other organizational work; (b) due to an intentional crime criminal punishment; (c ) was expelled from public office; (d) in accordance with relevant laws and administrative regulations shall not engage in patent agency business.

draft stipulates that the application for a patent license to practice division, should be to the All-China Patent Agents Association to submit proof of practice and related application materials. China Patent Agents Association to review the application, to meet the requirements of this Ordinance shall be the date of receipt of the application within twenty days practicing certificate issued by patent agency division; do not meet the requirements of this Ordinance, shall receive applications within twenty days from the date of the applicant in writing and explain the reasons.

China Patent Agent
Association shall obtain a list of persons certified to practice the patent administration department of the State Council for record. The patent administration department that issued certificates to practice does not comply with this Ordinance, it shall notify the All-China Patent Agents Association be revoked. On the All-China Patent Agents Association shall not be issued or revoked license to practice the patent agent disagrees division may, be notified within fifteen days from the date of the patent administrative departments under the State Council.

patent agent patent agent under the tutelage of departure, shall properly handle the business of the transfer procedures, and since the transfer is completed within ten days from the date of the All-China Patent Agents Association for the practice permit cancellation procedures.

The draft also lists
Qualification patent revocation Subject:

has been certified patent agent qualification any of the following circumstances, the patent administration department under the State Council, revoke the patent agent qualification certificates: (a) fraud and other improper means to enroll in the National Qualification Examination for Patent Agents ; (b) in the national patent agent qualification exam cheating serious; (c) does not meet the eligibility criteria. Provinces, autonomous regions and municipalities patent administrative departments that have been certified patent agent qualification who has one of the circumstances preceding paragraph, the patent administration department of the State Council shall revoke the patent agent qualification certificates.

patent agent practicing certificate obtained after the division, one of the following circumstances, the All-China Patent Agents Association to withdraw its patent license to practice division: (a) and its patent agency practice outside of labor relations or personnel unit relations; (b) or partially lost the capacity for civil conduct; (c) for an intentional crime subject to criminal punishment; (d) or revoke the patent is revoked qualification certificate; (e) in accordance with relevant laws and administrative regulations provisions shall not engage in patent agency business.

In addition, the All-China Patent Agents Association shall be promptly made known to the public, cancellation, revocation of license to practice the patent agent division information of the staff.

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