专利代理管理办法 Order of the Director of the State Intellectual Property Office

of the patent agencies and the patent agents.

　　Article 31 The annul examination of the patent agencies and the patent agents shall carry out once a year， from September 1 to October 31.

　　Article 32 The content on annul examination of the patent agencies and the patent agents shall include：

　　（1） whether the patent agencies are or n

ot compliance with the conditions for establishment stipulated by the measures；

　　（2） whether the partners or shareholders of the patent agencies are or not compliance with the conditions stipulated by the measures；

　　（3） whether the patent agents who work in the patent agencies hold the professional practice certificates of the patent agents and participate in the professional training according to the requirements；

　　（4） whether the patent agencies and the patent agents have the violation of laws and disciplines stated by Articles 6， 7 and 8 in Rules on Disciplinary of Patent Agencies （tentative）；

　　（5） the quantity of the patent agency services since the patent agencies completed the last annul examination；

　　（6） the condition on the finance of the patent agencies；

　　（7） other content shall be examined each year.

　　Article 33 The patent agencies shall submit the following materials for the annul examination：

　　（1） the registration forms on the annul examination of the patent agencies and the patent agents；

　　（2） the working reports of the patent agencies；

　　（3） a copy of registration certificate of the patent agencies；

　　（4） the professional practice certificates of the patent agents；

　　（5） the financial statements；

　　（6） other required documents.

　　The working reports of the patent agencies shall fully reflect various contents stipulated by Article 32 of the measures.

　　Article 34 In case of any no compliance with the provisions of the measures upon annul examination， the intellectual property offices of the provinces， autonomous regions and municipalities directly under the Central Government shall order the patent agencies and the patent agencies to correct in the specified time； in case of no correction， it will be deemed as failing to meet annul examination.

　　In case of violation of laws and disciplines of Articles 6， 7 and 8 in Rules on Disciplinary of Patent Agencies （tentative） by the patent agencies and the patent agents upon annual examination， the case may be submitted for punishment by the Punishment Commission of Patent Agencies of the provinces， autonomous regions and municipalities directly under the Central Government.

　　Article 35 In case of qualification upon annul examination， the intellectual property offices of the provinces， autonomous regions and municipalities directly under the Central Government shall seal the stamp for qualification of the annual examination of the year； otherwise， the stamp will be sealed for disqualification of the annual examination.

　　In case of failing to participate in the annul examination or disqualification of the annual examination， the patent agencies shall not handle with any new patent agency services at the State Intellectual Property Office and the intellectual property offices before reaching the qualification of annual examination the next time.

　　Article 36 The intellectual property offices of the provinces， autonomous regions and municipalities directly under the Central Government shall submit the summary of annual examination and the registration form of the annul examination to the State Intellectual Property Office for filing within 10 days upon completing the annul examination of the patent agencies and agents， and submit the results of annual examination of the professional practice certificates of the patent agents for filling by All China Association of Patent Agents.

　　The State Intellectual Property Office will publish to the public the results of the annual examination of the patent agencies and the patent agents.

　　Article 37 The workers of the State Intellectual Property Office， the intellectual property offices of the provinces， autonomous regions and municipalities directly under the Central Government and All China Association of Patent Agents keep secret the content that has not

be published in the annual examination on patent agencies.

　　Chapter V Supplementary Provisions

　　Article 38 The interpretation of the Measures will be vested with the State Intellectual Property Office.

　　Article 39 These Measures shall come into force as of July 15， 2003

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