Recently, our firm won the first instance of an administrative litigation case for invalidation of an invention patent, in which it is ruled that the invention patent should be comp...
Introduction In the chemical field, it is difficult to seek invalidation of a patent claiming to have achieved unexpected technical effect. This case provides a strategy for success...
Revised Regulations on Patent Commissioning To be enacted Mar. 1, 2019
Revised Regulations on Patent Commissioning has been approved Executive Meetings of the State Council to be enacted on March 1, 2019. Revisions made to the Regulations include: the title of patent agent is modified as “Patent Attorney”; and the market access of patent agency is expanded.
The current Regulations on Patent Commissioning, promulgated in 1991, has imposed a positive influence for regulating patent agent activities, improving dimension and quality of innovation, and guaranteeing good operation of the patent system. By end of October, 2018, 42569 people have gained Patent Agent Qualification Certificate; 18468 people have obtained Patent Agent Work Permit; and 2126 patent agencies have been founded. The number of patent agencies competent for agent services including foreign-related service, patent warning, analysis, licensing, collateral financing, patent-related litigation, mediation, etc. increases continuously. The number of institutes developing PCT application services has exceeded 1000.
Along with the uninterrupted economic and social growth, the industrial conditions and the development environment for patent agency has undergone significant changes. Some articles of the current Regulations become no longer adapted to the industrial circumstances, related laws and regulations, and the requirements of the reforms to streamline administration, delegate powers, and improve regulation and services, and thus must be revised.
The Regulations is revised to implement major political decisions and arrangements of the CPC Central Committee and the State Council, which is to improve the intensity of the reforms to streamline administration, delegate powers, and improve regulation and services, and to optimize business environment. The revisions are highlighted in three aspects.
Firstly, importance is attached to streamline administration and delegate powers. The revised Regulations encourages innovation and entrepreneurship by relieving public burdens, stimulating the market and innovation. Related revisions made for this purpose include: cancelling provincial review in the approval of establishment of agencies; loosening requirements for the form of organization of agencies; reducing conditions for exam registration; cancelling partial requirements, for example, working experience required, for the application of Patent Agent Qualification Certificate; and cancelling unnecessary certification statements.
Secondly, the revised Regulations enables a combination of delegating powers and improving regulation, strengthening supervision on a daily basis, regulating the market order, and guaranteeing legal rights of an innovative entity. Related revised articles include that the administration shall randomly inspect and supervise works of agencies and attorneys, and publish the result of the inspection and related punishment; innovation is supported, agencies and attorneys are encouraged to provide agent services as assistance for small-and-micro-sized enterprises and disadvantaged groups; the regulations on the work permit are improved by requiring agencies to establish a sound censorship for conflicting interests; and legal reliabilities for unlawful practices of agencies and attorneys are further specified.
Thirdly, the revised Regulations improves services for the facilitation of people and the improvement of service efficiencies. Related revised articles include that the administration should enhance publicity of common patent agent information and provide query service for the public in terms of condition of business of agencies and work permit of attorneys; and online documentation and review are realized for attorneys and agencies.
