What conditions and obligations should a patent agent have? What is a patent agent? A patent agent is a person who applies for a patent and handles other patent affairs on behalf of others and obtains certain qualifications. A patent agent shall meet certain conditions and be issued a patent agent certificate upon examination and approval by the China Patent Office. So what conditions and obligations should a patent agent have? What conditions and obligations should a patent agent have? What conditions and obligations should a patent agent have? 1. What conditions should a patent agent have? A patent agent refers to a person who has obtained a patent agent qualification certificate and holds a patent agent work permit. Patent agents are often technicians who are familiar with a certain technical field. According to China's relevant laws and regulations, China citizens who have the right to vote and stand for election can apply to the China Patent Office for registration as patent agents if they meet the following conditions: (1) They are at least 18 years old and have full capacity for civil conduct; (2) graduated from science and engineering major in colleges and universities (or equivalent) and mastered a foreign language; (3) Familiar with patent law and related legal knowledge; (4) Engaged in scientific and technical work or legal work for more than two years. Among them, the graduation of science and engineering major in colleges and universities refers to obtaining a college degree or above recognized by the state and obtaining a diploma. The qualification of patent agents must pass the examination of relevant departments, and those who pass the examination can register. According to the Interim Provisions on Patent Agency, the Patent Agency Examination Committee is composed of the Chinese Patent Office, the Bureau of Justice, the China Council for the Promotion of International Trade and other relevant departments and organizations, which examines the applicants for registration as patent agents, and supervises and guides the patent agency work in business. A person who applies for registration as a patent agent is qualified by the Patent Agents Examination Committee, registered as a patent agent by the China Patent Office, and issued a patent agent certificate, that is, he is qualified as a patent agent. Issue the patent agent certificate and obtain the patent agent qualification. 2. What obligations should a patent agent abide by? A patent agent shall perform certain obligations in the process of representing the inventor's patent affairs. According to the Interim Provisions on Patent Agency, patent agents are responsible for keeping confidential the inventions and creations of inventors that they know in their business activities, except for unexpected situations in which patent applications have been published or announced. In addition, the patent agent shall not represent the upper-level parties who have conflicts of interest, such as licensor and licensee, assignor and assignee, infringer and infringer. And this obligation is consistent with the obligations of agents in general agents. For acts such as plagiarizing the client's invention and creation, deliberately revealing the content of the client's invention and creation, and seriously damaging the client's interests, the relevant departments may cancel their patent agent qualification according to the circumstances, and if the circumstances are serious, they shall be investigated for legal responsibility. Article 29 of the Measures for the Administration of Patent Agents also stipulates that a patent agent shall accept the entrustment in the name of the patent agency where he belongs, conclude a written entrustment contract with the client, collect fees uniformly and record them truthfully. A patent agent may not accept the entrustment to handle patent agency business without permission and collect fees. In addition, patent agents must also accept the annual inspection by the Intellectual Property Offices of China National Intellectual Property Administration, provinces, autonomous regions and municipalities directly under the Central Government and the National Defense Patent Office. The annual inspection of patent agents includes: whether the patent agent holds the patent agent's practice certificate and participates in the practice training as required; Whether the patent agent has any violations of law and discipline listed in the Disciplinary Rules for Patent Agents (Trial). If it is found through annual inspection that a patent agent does not meet the statutory requirements, the intellectual property offices of provinces, autonomous regions and municipalities directly under the Central Government shall order him to make corrections within a time limit; If no correction is made within the time limit, the conclusion that the annual inspection is unqualified shall be given. If a patent agent is found to have violated the law and discipline in the Rules for Disciplinary Action of Patent Agents (Trial) after annual inspection, it may be submitted to the disciplinary committees of patent agents of all provinces, autonomous regions and municipalities directly under the Central Government for disciplinary action.