Improvement Of The Patent Agency Legal System

The current patent agency regulations is released by state council on March4th of1991, and put in forth on1st of April. The promulgation and implementation of patentagency regulations plays an important role in standardizing patent agency, protecting theinterests of agent and safeguarding the smooth implementation of the patent system of ourcountry. However, with the establishment and perfection of the system of socialist marketeconomy in our country, the respective amendment of patent law in1992,2000and2008,as well as the accomplishment of remanufacturing of the profession of patent agency in2001and completely entering into the stage of development of marketization, the contentof the current patent agency regulations seriously deviates from current situation andexists much unconformity with the provisions of patent law, patent management regulationand administrative permission law, even the formulation of some provisions is notall-sided and normative. All these factors mentioned above restrict the development of theprofession of patent agency and intellectual property.The institution of patent agency origins from west world, and relatively perfects inGermany, the USA, France, the UK, Japan and some other developed countries. Theprovisions about the institution of qualification tests of patent agent, the pattern oforganization of patent agency, the obligations and status of patent agency guild, as well asthe punishment on the illegal activities conducted by patent agent and patent agency andso on can be introduced and adopted. Therefore, deep research on related institutions ofoverseas patent agency can provide productive suggestion for the amendment of theregulations of patent agency, and has great realistic meaning in the further development ofthe profession of patent agency and intellectual property in our country.On the basis of the analysis on the current situation of institutions of patent agencyand overseas regulations, the author advises that the form of the amendment of patentagency regulations should be overall revision. In terms of specific content, the authoradvises amending the conditions related to the qualification test of patent agent,establishing the institution of exemption from partial examination subjects, adding theform of organization of patent agency and the content about the obligations and status of All-China guild of patent agent, perfecting the range of the object of punishment, thecategories of illegal activities and provisions about punishment measures, andreinforcing the punishment on the illegal activities of patent agency.