Notice of the Guangdong Provincial Intellectual Property Protection Center on the issuance of the "Guangdong Provincial Intellectual Property Protection Center Patent Application Pre-examination and Filing Subjects and Agencies Management Measures"-Industry News-Shenzhen deep trust patent Agency Co., LTD

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Notice of the Guangdong Provincial Intellectual Property Protection Center on the issuance of the "Guangdong Provincial Intellectual Property Protection Center Patent Application Pre-examination and Filing Subjects and Agencies Management Measures"

Release Time：

2023-07-07

Guangdong Zhibao Preliminary [2023] No. 40

Relevant units:

In order to further improve the efficiency of patent application pre-examination services and ensure the smooth operation of pre-examination work, in accordance with the relevant requirements of the State Intellectual Property Office and in combination with the actual work, the "Guangdong Provincial Intellectual Property Protection Center Patent Application Pre-examination Filing Subjects and Agencies Management Measures" are hereby issued. , please comply with it.

Guangdong Intellectual Property Protection Center

July 5, 2023

Guangdong Intellectual Property Protection Center

Measures for the Management of Patent Application Pre-examination Filing Entities and Agencies

Chapter 1 General Provisions

Article 1 In order to give full play to the positive role of the patent application pre-examination service of the Guangdong Intellectual Property Protection Center in supporting industrial innovation and development, and standardize the management of filing entities and agencies, in accordance with the "Notice on Carrying out Rapid Collaborative Protection of Intellectual Property Rights" (National Intellectual Property Office) Guanzi [2016] No. 92) "Measures for the Management of the List of Joint Punishments for Serious Untrustworthiness in the Patent Field (Trial)" (Guozhi Fabaozi [2019] No. 52) "Measures on Regulating the Behavior of Patent Applications" (State Intellectual Property Office Announcement No. 411) "Management Measures for Pre-examination of Patent Applications (Trial)" (State Intellectual Property Office Faban Zi [2023] No. 25) and other relevant regulations, these measures are formulated based on the actual work.

Article 2 The Patent Pre-examination Department of the Guangdong Intellectual Property Protection Center (hereinafter referred to as the Guangdong Center) follows the principles of fairness and efficiency and is responsible for the management of patent application pre-examination filing entities and agencies in relevant industrial fields in Guangdong Province.

Article 3 The filing entity shall abide by the principles of law-abiding and compliance, and strictly abide by the "Guangdong Provincial Intellectual Property Protection Center Patent Application Pre-examination Service Commitment Letter" and the "Guangdong Provincial Intellectual Property Protection Center Patent Application Pre-examination Service Application Instructions" and other documents as well as national intellectual property rights The relevant provisions of the Office on patent pre-examination work.

Article 4 Filing entities and agencies shall abide by the principles of integrity and efficiency, actively cooperate with the patent pre-examination work of the Guangdong Center, ensure that the patent pre-examination work is carried out in a standardized, orderly, high-quality and efficient manner, and ensure that the limited patent pre-examination public service resources effectively serve the province's high-quality innovation Protect.

Chapter 2 Filing conditions and procedures

Article 5 Innovation entities applying for registration must meet the following conditions:

(1) Enterprises and institutions that are registered in the administrative region of Guangdong Province and have independent legal person status;

(2) The business scope belongs to the new generation of information technology or bio-industry fields;

(3) Have independent research and development capabilities;

(4) Have a good foundation for intellectual property work, have a stable intellectual property management team, and establish an intellectual property management system;

(5) There is no malicious patent infringement, abnormal patent application, fraudulent patent funding, or other untrustworthy behavior in the field of intellectual property or other bad credit records.

Article 6 To apply for registration and filing on the pre-examination management platform, innovative entities must submit the following materials:

(1) Patent pre-examination service registration application form (with official seal);

(2) A copy of the business license of the enterprise or the legal person certificate of the public institution (with official seal);

(3) Materials proving the main products or services;

(4) Certification materials related to R&D and innovation work;

(5) Materials proving the status of intellectual property work;

(6) Other necessary supporting materials required by the Guangdong Center.

Article 7 The registration entity will be announced after being reviewed by the Guangdong Center and reviewed by the State Intellectual Property Office.

Chapter 3 Management of Filing Entities

Article 8 The Guangdong Center shall, in accordance with the relevant provisions of the State Intellectual Property Office on the pre-examination of patent applications, regulate the behavior of filing entities in applying for patent pre-examination services, and shall suspend or terminate services for filing entities that do not comply with the regulations.

Article 9 If the registration subject has any of the following circumstances, the patent pre-examination service at the Guangdong Center will be suspended for more than half a year:

(1) The proportion of unqualified patent applications in the pre-examination within one year exceeds 50%;

(2) Within one year, the State Intellectual Property Office has determined that there is an abnormal patent application and the appeal has not been passed;

(3) Interfere with or fail to cooperate with work related to the pre-examination of patent applications.

Article 10 If a filing subject has any of the following circumstances, its qualification for filing in the Guangdong Center will be cancelled, and filing applications will no longer be accepted within three years:

(1) The proportion of unqualified patent applications in the pre-examination within one year exceeds 70%;

(2) Two or more patent applications within one year are recognized as abnormal patent applications by the State Intellectual Property Office and the appeals are unsuccessful;

(3) Seriously interfering with or failing to cooperate with work related to the pre-examination of patent applications.

Article 11 If the filing subject fails to submit a pre-trial case to the Guangdong Center within two years from the date of approval of the filing, it will be deemed to have given up the filing qualification.

Article 12 The filing entity shall cooperate in updating the filing-related information according to the requirements of the Guangdong Center.

Chapter 4 Agency Management

Article 13 After the agency completes its registration at the Guangdong Center, it can accept the entrustment from the filing entity to handle business related to patent pre-examination.

Article 14 An agency applying for registration must meet the following conditions:

(1) Established with the approval of the State Intellectual Property Office;

(2) It is in a normal state in the "Patent Agency Management System" of the State Intellectual Property Office;

(3) It has not been dealt with by the patent administration departments at all levels in accordance with the law for violating the relevant provisions of the Patent Agency Regulations;

(4) No other bad records.

Article 15 To register an agency, the following information must be submitted:

(1) Copy of the identity card of the agency’s legal representative and executive partner (with official seal);

(2) A copy of the agency’s business license (with official seal).

Article 16 If an agency encounters any of the following circumstances, its patent pre-examination agency service in Guangdong Center will be suspended for more than half a year:

(1) The proportion of failed pre-examination of patent applications handled by the agency within one year exceeds 50%;

(2) The patent application pre-examination case handled by the agency within one year was deemed by the State Intellectual Property Office to be an abnormal patent application and the appeal was not passed;

(3) Interfere with or fail to cooperate with work related to the pre-examination of patent applications.

Article 17 If an agency encounters any of the following circumstances, it will cease patent pre-examination agency services in the Guangdong Center:

(1) Listed on the list of abnormal business operations or the list of serious violations of law and dishonesty;

(2) There is abnormal patent application agency behavior and the circumstances are relatively serious;

(3) Seriously interfering with or failing to cooperate with work related to the pre-examination of patent applications.

Chapter 5 Supplementary Provisions

Article 18 The filing entities referred to in these Measures refer to innovative entities such as enterprises and institutions that have passed the registration and filing review of the Guangdong Center and have been approved and filed by the State Intellectual Property Office.

Article 19 The agency referred to in these Measures refers to the agency that has been registered with the Guangdong Center and engages in patent agency services.

Article 20 The patent application pre-examination service referred to in these Measures refers to the pre-examination service provided by the Guangdong Center for pre-examination application cases submitted by the filing subject before formally applying for a patent to the State Intellectual Property Office. Those who meet the conditions can quickly enter the State Intellectual Property Office. Review channel.

Article 21 The Guangdong Center is responsible for the interpretation of these Measures and will be implemented from the date of issuance.

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