The Research On Legal Issues Of The Patent Agency

Since the implementation of the patent system in 1984,the quantity of patent applications are increasing with each of the passing days.As the patent application process is cumbersome and time-consuming,the innovators usually entrust the patent agencies to handle patent applications and other patent matters.And it also requires high techniques and a well-structuring and standardized format.For now,the patent agency industry has preliminary taken shape,however,its legal system starts a little bit later.The conflict between the booming demands in patent agency industry and the imperfection of related laws leads to the problem of “Abnormal Application” and poor quality of the patent agency.Moreover,there is a tendency for the agency industry to violate laws and regulations.There exists vicious competition in agency industry,which leads to unreasonable charges.Therefore,there is some room for improvement in the law system of patent agency.By reviewing a wide reading of the studies about the patent agency system and combining with the relevant legislation and management experience of agency services such as lawyers.To normalize and perfect the law system of patent agency in China,this paper puts forward some suggestions on the problems of “Abnormal Application”,the quality improvement of patent agency and standardized in the order of agent application service.This paper firstly gives an introduction about the conception of the act of patent agency and its function and expounds the legal subject,the legal object and contents as an agent in the act of patent agency.Secondly,this paper conducts a research on the legislative evolution and current situation of the law system of patent agency in China.And then this paper analyses the law system of patent agency in China exists the following drawbacks,which it easily arises a sorts of problems.The imperfect of patent agency system constitutes an incomplete law system.Moreover,the issue of illegal applications occurs can be ascribed to the patent agency's mismanagement.Furthermore,poor capability of the patent agency is responsible for poor performance in their work.Besides,the patent agency lacks the understanding of the relative laws and regulations on service charges,which results in vicious competition in agency industry.Meanwhile,unreasonable charges can lead toa disorder market.After that,the paper investigates and analyses overseas patent agency system,which how to regulate and punish law breaking acts such as“Abnormal Application”.This paper also absorbs and learns related laws and regulations about patentee quality improvement,it focuses on vocational training and practice for patentee,which the related contents guided by mandatory regulations.And at the same time,the paper refers to overseas charges system for patent agency service and domestic charges system for agency service such as layer charges.This paper analyses the currant situation of the law system of patent agency in China and draws on the basis of referring to overseas law system of patent agency,combined with China's the conditions of patent agency industry,the paper puts forward certain suggestions as following:Firstly,proposing aid system of the patent agency instead of patent subsidy policy;Secondly,strengthening administrative supervision and self-discipline;Thirdly,promoting vocational training,which is guided by mandatory regulations;Fourthly,protecting the legal rights of related parties by standardizing the behavior on service charges by patent agency.Because there is a limited time to study and analyze,the paper also has its own limitations,which fail to do more studying about administrative supervision of the patent agency.Countering the issue about the innovation administrative supervision system of the patent agency can be further study in the future.