专利代理条例RegulationsonPatentCommissioning（2）

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　　Chapter 3 Patent Agents
　　Article 14 Patent agents that these Regulations hereof stated denote bearers of “Patent Agent Qualification Certificate” and of “Patent Agent Working Permit”。
  f9 D8 P! |0 {& y" T4 p  T　　Article 15 Chinese citizens who support Constitution as the People's Republic of China and meet the following conditions may apply to be pate nt agents：
　　（1） over the age of 18 with full capacity for civil behaviors；
6 J0 ~5 s0 S: F. W! v& O　　（2） graduates of college departments of sciences （or with equivalent education） in command of one foreign language；
. F2 C2 S& U# ]3 s/ [, ~7 f　　（3） well-versed in the Patent Law and related legal knowledge； and
1 d* p8 @/ N, j  A　　（4） scientists or lawyers with upwards of 2 years of work experience.
* P+ p, N2 r, Q　　Article 16 Persons who apply to be patent agents will obtain CAP “Patent Agent Qualification Certificate” after a panel of examination ju dges deem him or her qualified.
! o6 H2 i; H' k$ j! p1 \　　The panel of judges is composed of persons from CAP， State Council department and organizations of patent agents.
　　Article 17 Patent agents shall handle only patent commissioning services assigned by their patent agencies and shall not accept such services on their own.
: V. C) v' F" F! s　　Article 18 Patent agents shall handle patent commissioning services in two or more patent agencies simultaneously.
　　Before quitting their jobs at patent agencies， patent agents must appropriately conclude unsettled commissioned cases.
; ?' U1 \# R* |% [& l2 ~6 i5 [- c1 ~$ E　　Article 19 In case bearers of “Patent Agent Qualification Certificate” fail to engage in patent commissioning business or patent-related management for 5 years， their “Patent Agent Qualification Certificates” are automatically rendered ineffective.
　　Article 20 Patent agents in the course of doing their professional work or within 1 year of their quitting their profession must not apply for patents.
8 G$ r3 R5 X& |+ E　　Article 21 Patent agents lawfully handling patent commissions shall be protected by State laws and their work shall not be interfered with by any unit or individual.
" z& l2 {: Y: ~! O8 E, w　　Article 22 State organ staff are forbidden to work at patent agencies and engage in patent commissioning service in their spare-time.
　　Article 23 Patent agents have the responsibility to keep the inventions they get to know in the course of their rendering commission service s unless relevant patent application have been made public.
　　Chapter 4 Punishment
( t7 D# T- {& L　　Article 24 For one of the following offenses， the governing authorities or patent administrations of the provinces， autonomous regions or municipalities directly under the Central Government may serve a warning to the offending patent agency； in cases of serious offense， CAP may punish it by ordering its close：
　　（1） concealing facts in application；
" K' x) u+ m; c) |8 q, y1 O　　（2） changing major registration items by itself；
6 }& ]% u/ x! M& K; m% J6 o　　（3） accepting and handling patent commission services unauthorizedly or beyond the approved business scope； and
　　（4） other illegal activities.
　　Article 25 For one of the following offenses on the part of patent agents， relevant patent agencies may criticize the offenders if the cases are not serious； in cases of serious offenses， patent agencies may discharge the offenders and revoke their “Patent Agent Work Permit”； relevant patent administrations of the provinces， autonomous regions or municipalities directly under the Central Government may serve each offender a warning or CAP may revoke hi s or her “Patent Agent Qualification Certificate”：
　　（1） failing to fulfill his or her duties to the detriment of the interests of the consignors；
　　（2） disclosing or stealing inventions of the consignors；
+ G3 |3 V' ~) C, s9 ]5 r6 d　　（3） going beyond the powers of commission and causing damages to the interests of the consignors； and
9 m( X+ D& H5 l  Q- B( P　　（4） charging through accepting and handling patent commission services without permission.
　　If the commissaries' economic losses has been caused by the behaviors as stated in the previous paragraph， relevant patent agencies， after making economic compensations， may charge the patent agent in question according to a given proportion.

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　　Article 26 If a patent agency ordered to close down as a punishment by CAP and a patent agent whose “Patent Agent Qualification Certificate” has been revoked do not agree with the decisions of punishment， they may appeal to CAP for re-examination； if they still fail to be satisfied with the CAP decision， they may bring the case to a people's court within 15 days of the receipt of the CAP decision.
+ ], H, g, b9 C3 S# z0 h　　Chapter 5 Supplementary Articles
　　Article 27 The right to interpret these Regulations hereof rests with CAP.
　　Article 28 These Regulations hereof become effective as of April 1， 1991. The Temporary Regulations on Patent Commissioning endorsed by the State Council on September 4， 1985 and promulgated by CAP on September 12 of the same year is simultaneously canceled.