Report

More documents

Recommendations

Info

Jurisdiction Mainland China Regulatory Body All China Patent Agents Association (authorised by the State Intellectual Property Office) Persons permitted to act as agent in applying for patent / conducting patent related proceedings before the patent office and the court Patent agents Use of the title “patent agent” in the provision of patent agency services for economic benefits is restricted to the patent agents with professional practice certificates. Restriction on Use of Titles Qualifications Qualifications for obtaining a professional practice certificate : – a Chinese citizen; – aged between 18 and 70, with full capacity of civil conduct; – graduated from a higher education institution with a science degree (or possessed equivalent educational qualification); – proficient in at least one foreign language; – familiar with the Patent Law and other related laws and regulations; – with at least two years of working experience in the scientific and technological field or the legal field; – passed the Patent Agents Qualification Examination held by the Patent Agent Examination Commission; and – in employment with a patent agency (for first-time applicants : must complete one year of internship with a patent agency before a professional practice certificate may be issued). European Patent Convention (EPC) Countries European Patent Either : Office (EPO) – professional and the Institute representatives on the list of Professional of representatives Representatives maintained by EPO; or before the – legal practitioners having a European Patent place of business in a Office (the contracting state. Institute) 2 The Institute of Professional Representatives before EPO recommends that use of the titles “patent attorney” and “patent agent” be restricted to professional representatives whose names appear on the list maintained by EPO. Individual EPC Countries may provide for similar restrictions in their Qualifications of a professional representative : – a national of any contracting state; – has a place of business / employment in any contracting state; – possessed a scientific or technical qualification, e.g. in biology, biochemistry, chemistry, electronics, pharmacology or physics; – trained under the supervision of a professional representative or as an employee dealing with patent matters in an industrial company established in one of the contracting states; and 2 The Institute is an international non-governmental public law corporation that represents the European patent profession and has its own by-laws and code of professional conduct (see www.patentepi.com/patentepi/en/). 199
Jurisdiction Regulatory Body New Zealand New Zealand Intellectual Property Office (IPONZ) Singapore Intellectual Property Office of Singapore (IPOS) Persons permitted to act as agent in applying for patent / conducting patent related proceedings before the patent office and the court Either : – registered patent attorneys (they are not authorised to transact business or conduct proceedings in court, unless they are also a barrister or solicitor); or – barristers / solicitors. Either : – registered patent agents (they are not authorised to represent his clients before the court, unless he is also an advocate / solicitor); or – advocates / solicitors. Restriction on Use of Titles Qualifications legislation (e.g. the UK). – passed the European qualifying examination conducted by various boards and committees of EPO and the Institute. Use of the titles “patent agent” and “patent attorney” is restricted to persons whose names are entered into the register of patent attorneys kept by IPONZ. Qualifications of a registered patent attorney : – a New Zealand citizen, Commonwealth citizen (British subject) or a citizen of the Republic of Ireland; – not less than 21 years of age; – passed the New Zealand Patent Attorney Examinations held by IPONZ; – of good character; and – in employment for a period(s) of at least three years by a patent attorney in New Zealand, the Patent Office, or in a form of employment that offers substantially similar practical experience. Only a registered patent agent with practising certificates issued by the Registrar of Patents may hold out as a “patent agent” and “patent attorneys”. Qualifications of a registered patent agent : – a resident of Singapore; – a holder of a university degree or equivalent qualification approved by the Registrar of Patents; – passed the Graduate Certificate in Intellectual Property Law course conducted by the Faculty of Law, National University of Singapore; – passed the Patent Agents Qualifying Examinations conducted by the Registrar of Patents; and – completed internship in patent agency work under the supervision of a registered patent agent, or an individual registered as a patent agent or its equivalent in Australia, Canada, New Zealand, the UK or the US, or EPO for a period of at least 12 months. 200
Page 2:
Table of Contents Executive Summary
Page 5 and 6:
- ii - (A) Standard Patents (a) An
Page 7 and 8:
- iv - (C) Regulation of Patent Age
Page 9 and 10:
- 2 - 1.4 As a supplement to standa
Page 11 and 12:
- 4 - including legal professionals
Page 13 and 14:
- 6 - choice of patent office(s) to
Page 15 and 16:
CHAPTER 3 Standard Patents Options
Page 17 and 18:
- 10 - (c) (d) Providing a better b
Page 19 and 20:
- 12 - (h) The availability of an O
Page 21 and 22:
- 14 - addition to generating IP, i
Page 23 and 24:
(B) International Patent Landscape
Page 25 and 26:
- 18 - 3.20 Other Asian economies a
Page 27 and 28:
- 20 - Kong, design and innovation,
Page 29 and 30:
- 22 - world-class business profess
Page 31 and 32:
- 24 - (a) Lack of control Given th
Page 33 and 34:
- 26 - (b) Autonomy An OGP system w
Page 35 and 36:
- 28 - the OGP system so as to attr
Page 37 and 38:
- 30 - (f) Costs Considerable costs
Page 39 and 40:
- 32 - the consensual views from th
Page 41 and 42:
- 34 - (f) Depending on users’ ac
Page 43 and 44:
- 36 - examination before commencem
Page 45 and 46:
- 38 - Kong. This should not only h
Page 47 and 48:
- 40 - (d) Who should pay for the c
Page 49 and 50:
- 42 - Section 89(2) further provid
Page 51 and 52:
- 44 - area where the Patents Regis
Page 53 and 54:
- 46 - about the validity of a shor
Page 55 and 56:
- 48 - (C) Increasing the Maximum N
Page 57 and 58:
CHAPTER 5 Regulation of Patent Agen
Page 59 and 60:
- 52 - Whether to Regulate or Not C
Page 61 and 62:
- 54 - (c) In each of the jurisdict
Page 63 and 64:
- 56 - Considerations 5.14 In asses
Page 65 and 66:
- 58 - 5.22 Instead, the regulatory
Page 67 and 68:
- 60 - Annex A Membership List of t
Page 69 and 70:
Chapter 1 : Standard Patent System
Page 71 and 72:
Page 73 and 74:
Page 75 and 76:
Page 77 and 78:
Page 79 and 80:
Page 81 and 82:
Page 83 and 84:
Page 85 and 86:
Page 87 and 88:
Page 89 and 90:
Page 91 and 92:
Page 93 and 94:
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
Page 103 and 104:
Page 105 and 106:
Page 107 and 108:
Page 109 and 110:
Page 111 and 112:
Page 113 and 114:
Page 115 and 116:
Page 117 and 118:
Page 119 and 120:
Page 121 and 122:
Page 123 and 124:
Page 125 and 126:
Page 127 and 128:
Page 129 and 130:
Chapter 2 : Short-Term Patent Syste
Page 131 and 132:
Page 133 and 134:
Page 135 and 136:
Page 137 and 138:
Page 139 and 140:
Page 141 and 142:
Page 143 and 144:
Page 145 and 146:
Page 147 and 148:
Page 149 and 150:
Page 151 and 152:
Page 153 and 154:
Page 155 and 156: Chapter 3 : Regulation of Patent Ag
Page 181 and 182: Other Comments Regarding the Patent
Page 191 and 192: Annex C Comparison of Key Features
Page 193 and 194: Extension of patent term HONG KONG
Page 195 and 196: Application and grant procedures HO
Page 197 and 198: HONG KONG MACAO SINGAPORE After rec
Page 199 and 200: HONG KONG MACAO SINGAPORE (f) revoc
Page 201 and 202: Country Title Maximum term of prote
Page 203 and 204: Country Title Maximum term of prote
Page 205: Annex F An Overview of the Patent A
Page 209: Jurisdiction Regulatory Body United
show all

Report

Create successful ePaper yourself

Delete template?

Save as template?