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	IMPLEMENTATION MEASURES OF PATENT AGENTS QUALIFICATION EXAMINATION

	(Order of the State Intellectual Property Office of China (No. 36), February 26, 2004: The Implementation Measures of Patent Agents Qualification Examination, which were formulated in accordance with the Patent Law of the People's Republic of China and the Regulations on Patent Agency, are hereby promulgated and shall be implemented as of April 1, 2004)


SUBJECT : PATENT AGENTS; QUALIFICATION EXAMINATION
ISSUING DEPARTMENT : STATE INTELLECTUAL PROPERTY OFFICE OF CHINA
ISSUE DATE : 02/26/2004
IMPLEMENT DATE : 04/01/2004
LENGTH : 981 words
TEXT :

Article 1. In order to regulate the work of Patent Agents Qualification Examination (hereinafter referred to as PAQE), the present Measures are formulated in accordance with the Patent Law of the People's Republic of China and the Regulations on Patent Agency.

Article 2. The PAQE shall be in a national unified form and shall be held once every two years.

Article 3. The PAQE shall consist of the following subjects:

(1) The fundamental knowledge of law related to patent;

(2) The writing of patent application documents;

(3) The patent application formalities, examination and approval procedures and documentation search; and

(4) The examination and approving standards on patents, re-examination and void.

The patent agents qualification examination shall be in close-book form answering in writing.

Article 4. The PAQE shall be organized by the Patent Agents Examination Commission (hereinafter referred to as the PAEC).

The PAEC shall consist of the relevant persons from the State Intellectual Property Office, the pertinent departments of the State Council and the All-China Patent Agents Association (hereinafter referred to as the ACPAA) and the representatives of the patent agents, among whom the person-in-charge of the State Intellectual Property Office shall be the director of the PAEC.

The Office of the PAEC shall be set up in the State Intellectual Property Office, which shall be responsible for all the specific work related to the PAQE.

Article 5. The PAEC shall announce the cities with examination rooms, the examination time and other matters 6 months before the PAQE is held.

All the examination papers for the PAQE shall be set by the PAEC. The scope for examination shall be based on the Outline of the Patent Agents Qualification Examination formulated and announced by the PAEC.

Article 6. The intellectual property offices of the provinces, autonomous regions and municipalities directly under the Central Government in which the cities with examination rooms are located shall establish a leading group for the PAQE, which shall register the examinees, examine the qualification of the examinees, set up examination rooms and organize the examination.

Article 7. The persons who register for taking PAQE shall meet the conditions listed in Article 15 of the Regulations on Patent Agency.

Anyone who is under any of the following circumstances may not take the PAQE:

(1) Being imposed on a criminal punishment due to an intentional crime;

(2) Being disqualified for a patent agent; or

(3) Being disqualified from taking the PAQE due to any of the circumstances as listed in Article 12 of the present Measures.

Article 8. Anyone who registers for taking the PAQE shall pay fees according to the standard determined by the administrative department of price of the State Council jointly with the State Intellectual Property Office.

Article 9. The intellectual offices of all places, the ACPAA and the relevant institutions and organizations may hold training classes for the PAQE, but may not compel the examinees to participate in the training, and may not compel the persons who participate in the training to buy the designated textbooks or other auxiliary materials.

Article 10. The participants in making, examining or organizing and managing the examination papers shall not take the PAQE. The participants in making and examining the examination papers shall not engage in teaching, answering questions, tutoring and other activities related to the PAQE.

Article 11. A person who violates the examination rules while taking the PAQE shall be stopped and be given a warning by the invigilators.

Article 12. With regard to a person who takes the PAQE and is under any of the following circumstances, the leading group for the PAQE of the province, autonomous region or municipality directly under the Central Government in which the examination place is located shall make a decision on disqualifying him from taking the PAQE:

(1) He (She) lets another person take the examination instead of him (her) or he (she) takes examination instead of another person;

(2) He (She) plagiarizes others' answer cards or sheets, or passes to others answer cards or sheets or any information related to the content of examination;

(3) He (She) seriously disturbs the order of the examination room or threatens the personal safety of the working personnel of the examination;

(4) He (She) modifies the answer cards or sheets in collusion with the working personnel of the examination.

Article 13. The examination papers of the PAQE shall be graded according to a national unified grading system. The marks shall be announced by the Office of the PAEC.

Article 14. The bottom mark of qualification of the PAQE shall be determined by the PAEC, and shall be announced by the Office of the PAEC.

Article 15. Where a PAQE examinee passes the announced bottom mark of qualification, he (she) shall be issued a Patent Agent Qualification Certificate.

Article 16. The specific examination procedures regarding the register of examinees of the PAQE, the establishment of examination rooms, the transportation and preservation of the examination papers, the examination rules, the grading of the examination papers and the verification of marks shall be separately formulated and announced.

Article 17. The working personnel of the PAQE shall, in strict compliance with the present Measures and the requirements in the examination procedures, carry out all the work related to the PAQE. The participants in making, transporting or preserving the examination papers and the invigilators shall strictly abide by the confidential system. Those who participate in grading the examination papers shall be careful, responsible, fair and impartial.

Any working personnel of the PAQE who neglect their duties, abuse their authorities or seek private interests by illegal means shall be investigated for liabilities in accordance with Article 67 of the Patent Law of the People's Republic of China.

Article 18. The power to interpret the present Measures shall remain with the State Intellectual Property Office.

Article 19. The present Measures shall be implemented as of April 1, 2004.