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Article 1. In order to strengthen the practice supervision over patent agencies and patent agents, to regulate the practice of patent agency and to maintain the normal order of patent agency industry, these Rules are enacted in accordance with the Patent Law of the People¡¯s Republic of China and the Patent Agency Regulations. Article 2. Patent agencies and patent agents shall observe laws, regulations and rules and abide by patent agency professional ethics and practice disciplines in their practice. Patent agencies and patent agents shall accept supervision over their practice by the state, society and parties. Article 3. The patent agencies or patent agents that violate the relevant laws, regulations and rules shall be punished by patent administrative departments pursuant to these Rules. The State Intellectual Property Office and the intellectual property offices of the provinces, autonomous regions and municipalities directly under the Central Government shall respectively set up patent agency disciplinary commissions for concrete implementation of these rules. Article 4. Disciplinary actions against patent agencies are divided into: (1) Warning; (2) Notice of criticism; (3) Suspension from undertaking new agency business for 3 to 6 months; and\ (4) Cancellation of the patent agency. Article 5. Disciplinary actions against patent agents are divided into: (1) Warning; (2) Notice of criticism; (3) Withdrawal of patent agent practice certificate; and (4) Revocation of patent agent qualification. Article 6. Where a patent agency is in any of the following situations, it shall be ordered to correct and be given disciplinary actions provided for in Article 4 of these Rules: (1) Concealing the truth and practicing fraud in application for establishment; (2) Altering the major registered matters without authorization; (3) Setting up branches without authorization; (4) Exceeding the time limit for annual inspection and failing to make up actively; (5) Soliciting business by wrongful means; (6) Refusing to act as an agent after accepting a commission without justified reasons; (7) Accepting the commission of other interested parties in a same patent application or patent case; (8) Causing major losses to the parties due to fault; or (9) Engaging in other illegal business activities or violating the relevant provisions of the State Council. Article 7. Where a patent agent is in any of the following situations, he shall be ordered to correct and be given disciplinary actions provided for in Article 5 of these Rules: (1) Practicing in two or more patent agencies at the same time; (2) Defaming other patent agents or agencies, or damaging their interests by wrongful means; (3) Privately accepting any commission, privately collecting charges from any client, accepting property from any client, taking advantage of the patent agency service to seek the disputed rights and interests of the parties, or accepting property from the opposite party; (4) Hampering or disrupting the opposite party from legally getting evidences; (5) Interfering with the normal work of patent examination or administrative enforcement; (6) Functionary of patent administrative departments engage in patent agency after retirement or demission and act as an agent in the patent application case or patent case which he examined or handled; (7) Disclosing the business secrets or privacy of the client; (8) Causing major losses to the parties due to fault; or (9) Engaging in other illegal business activities. Article 8. In any of the following situations, the directly responsible person shall be given the disciplinary actions provided for in Item 3) or 4) of Article 5 of these Rules, and the patent agency in which that person is working may be given the disciplinary actions provided for in Item 3) or 4) of Article 4 of these Rules: (1) Violating Article 19 of the Patent Law and disclosing the client¡¯s creation; (2) Plagiarizing the client¡¯s creation; (3) Bribing functionary of the patent administrative departments, or inciting or abducting the parties to bribe; (4) Providing false evidences, concealing important facts, or inciting or abducting others to do so; (5) Having been given criminal punishments (except for negligent crime); or (6) Causing serious consequences by engaging in other illegal business activities. Article 9. If a person who has the qualification of patent agent but hasn¡¯t obtained the practice certificate of patent agent accepts any patent agency commission and engages in patent agency for economic benefits, he shall be ordered to stop the illegal practice and his act shall be recorded. If the person commits any acts listed in Articles 7 and 8 of these Rules, he shall be given a warning, notice of criticism or his qualification of patent agent shall be revoked. Article 10. Where a person is to be given disciplinary action according to these rules, a lighter action may be given in any of the following situations: (1) Admitting the wrongful doing and bearing the responsibility voluntarily; or (2) Taking effective measures in time to prevent or mitigate bad consequences. Where a person is to be given disciplinary action according to these rules, a heavier action may be given in any of the following situations: (1) Taking revenge against the reporter or witness; or (2) Making offensive and defensive alliance or hiding, destroying the evidences and frustrating the investigation after the case is prosecuted. Article 11. The Patent Agency Disciplinary Commission of the State Intellectual Property Office shall be composed of personnel of the State Intellectual Property Office, All-China Patent Agents Association and representatives of the patent agents. Patent agency disciplinary commissions of the provinces, autonomous regions and municipalities directly under the Central Government shall be composed of the personnel of the intellectual property offices and representatives of patent agents of the provinces, autonomous regions and municipalities directly under the Central Government. The office term of a member of patent disciplinary commission is 3 years. Article 12. Where the members of patent disciplinary commission are in any of the following situations, they shall withdraw voluntarily. And the parties also have the right to apply for their withdrawal: (1) Being parties of the case or close relatives of the parties; (2) Having interest relations with the result of the case; or (3) Having other relations with the parties that may influence the rightness of the result. Article 13. Where a patent agency or agent violates any of the laws, regulations or rules, any entity or individual has the right to complain to the patent agency disciplinary commission of the province, autonomous region or municipality directly under the Central Government where the patent agency is located. The Patent Agency Disciplinary Commission of the State Intellectual Property Office and the patent agency disciplinary commissions of the provinces, autonomous regions or municipalities directly under the Central Government may place a case on file pursuant to their authorities if necessary. Article 14. A patent agency disciplinary commission shall make a decision within 3 months from the day of accepting the complaint or voluntarily placing the case on file. Where a patent agency disciplinary commission of the province, autonomous region or municipality directly under the Central Government deems it needed to revoke the patent agent qualification or cancel the patent agency, it shall submit to the Patent Agency Disciplinary Commission of the State Intellectual Property Office the investigation result and reasons for taking disciplinary actions. The Patent Agency Disciplinary Commission of the State Intellectual Property Office shall make a decision within 2 months from the day of receiving the submitted materials. Article 15. Before voting for a disciplinary decision, the patent agency disciplinary commission shall allow the parties to give statements or pleadings, and shall investigate and verify the facts, evidences and reasons presented by the parties. Article 16. After voting for and adopting a disciplinary decision, the patent agency disciplinary commission shall make a written disciplinary decision, which shall include the following matters: (1) Title or name, and address of the patent agency or agent to be given disciplinary action; (2) Causes and results of investigation and verification; (3) Decision of the patent agency disciplinary commission; and (4) Date of decision. Article 17. The disciplinary decision made by a patent agency disciplinary commission shall be subject to the approval by the intellectual property office at the corresponding level, and be issued in the name of that office. The written disciplinary decision shall be served to the patent agency or agent to be given disciplinary action within 10 days from the date of approval. Article 18. The members and functionary of a patent agency disciplinary commission are obliged to keep confidential before the written disciplinary decision is officially served. Article 19. If anyone disagrees with the disciplinary decision made by a patent agency disciplinary commission, he may apply for review within 2 months from the day of receiving the written disciplinary decision pursuant to law, he may also bring an administrative lawsuit before the people¡¯s court. Article 20. The patent agency disciplinary commission of the province, autonomous region or municipality directly under the Central Government shall put on record with the Patent Agency Disciplinary Commission of the State Intellectual Property Office within 10 days from the day on which the disciplinary decision takes effect. After the disciplinary decision takes effect, except for that of giving a warning, the patent agency disciplinary commission which made the decision shall promulgate that decision on the government website or news media. Article 21. The specific work rules for patent agency disciplinary commissions and the pattern of written disciplinary decision shall be uniformly formulated by the State Intellectual Property Office. Article 22. The power to interpret these Rules shall remain with the State Intellectual Property Office of China. Article 23. These Rules shall come into force on January 1, 2003. |
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