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How does China National Intellectual Property Administration send notification of abnormal application?
After investigation, from 20 19 to 12, a patent agency in Shanghai accepted the entrustment of company A to apply for 26 patents for watch design on its behalf, and the patent agent named Xu. On July 10, 2020, China National Intellectual Property Administration issued the Notice of Confirmation of Abnormal Patent Application, confirming that the above 26 design patents belong to abnormal patent applications stipulated by China National Intellectual Property Administration, that is, the application content is simple replacement or patchwork of different materials, ingredients, ratios and components. The above-mentioned agency behavior of the parties belongs to "engaging in abnormal patent application behavior, seriously disrupting the order of patent work" as stipulated in the Patent Agency Regulations and the Measures for the Administration of Patent Agents. The law enforcement department warned the agency and imposed a fine of RMB 30,000, and warned the signature agent.
In recent years, the city's intellectual property system has vigorously implemented the patent quality improvement project, actively studied and revised the patent funding methods, and carried out the "blue sky" special rectification action of the intellectual property agency industry, which has significantly improved the patent quality awareness of innovation subjects and service institutions. As the first case of abnormal patent application behavior investigated and dealt with in this city, this case was investigated and dealt with by the Law Enforcement Corps of the Municipal Market Supervision Bureau under the guidance of the Municipal Intellectual Property Office. It is a practical measure to implement the Notice of China National Intellectual Property Administration on Further Strictly Regulating Patent Application (Guo Ban Fa Bao Zi [202 1]No. 1), which is of positive significance for strictly regulating patent agency behavior and further improving patent quality.
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