Research On Patent Agents’s Civil Liability

Abstract:Patent agents’s civil liability is a basic content of patent agent system.During the process of providing professional service,the practicing patent agent,if causing any loss or damage legal right about the principal,should take the corresponding civil liability.Patent agents’s civil liability have its own characters:the first is professional liability,the second is tend to use financial compensation to make up for the loss of the victim,the third is the patent agency bear legal responsibility.The constitution conditions of civil liability include illegal acts、subjective fault、damage、causality.Principle of assumed liability is fault presumed responsibility and fault responsibility. In order to protect the victim interest implement patent agent function and spread the legal spirit, it is necessary to limit the patent agents’s civil liability and define the defense plea.This will plays a significant role in the perfecting of the law’s legal system and improving the prosperity and development of the legal profession. The defense plea include the clients’ agreement、 deliberate and not pay the fees timely.