Subject's name: beijing singfan zhiyong intellectual property agency ltd. (renamed beijing xian intellectual property agency ltd. On 1 november 2021)
Unified social credit code: 9111008ma008hc89b
Date of establishment: 28/09/2016
Address: 057a, 9th floor, suzhou street, haidian district, beijing
Legal representative: yongchang liang
Partner/shareholder: ip sugi, sang-hin, li li kung, young-chang, duan kai
In february and may 2021, in the context of quality monitoring of patent applications, our bureau found that your unit represented 15,307 irregular patent applications that were not intended to protect innovation. At the same time, in 2020, your unit applied for an average of 222. 5 patent applications for inventions and 1314. 9 applications for practical new types of patents。
In august 2021, our bureau found that 1537 of the 15307 patent applications referred to above constituted an irregular patent application under article 3, subparagraphs (a), (b) and (c), of the certain provisions regulating the conduct of patent applications (national intellectual property authority decree no. 75), which was submitted by your unit's agent, and constituted an irregular patent application under subparagraph (f) of that article。
On 29 september 2021, the department served the person concerned with the circular on administrative penalties, informing him of the facts, reasons, grounds and content of the administrative penalty to be imposed and informing him of his rights. Upon receipt of the notice, the party submits his or her statement, pleading within the legal time limit and requests a hearing. On 29 november, our bureau held a hearing in accordance with the law。
In our opinion, the behaviour of your agency's agent in relation to an irregular patent application for the purpose of protection of innovation is contrary to the purpose of patent law legislation, waste of public resources, and seriously interferes with the normal conduct of patent examination; the agent constitutes a particularly large number of abnormal patent applications within the meaning of the certain provisions regulating the conduct of patent applications, which seriously disturbs the working order of the patent. At the same time, in march 2019, your unit was issued by the national intellectual property agency (inip) as a disciplinary decision against the patent agent for an irregular patent application. No. 12) penalties for warning. These acts fall within the context of “serious interference with the normal conduct of patent examination” under article 51, paragraph 4, of the patent agent administration act and “serious disruption of the working order of the patent by engaging in an irregular patent application” under subparagraph (b), respectively, and under the terms of article 25, paragraph 1 (e), of the patent agent ordinance, which “dismissal of administration with serious consequences” and are of a serious nature。
In accordance with article 25, paragraph 1, of the patent agents ordinance, “the department of the people's governments of the provinces, autonomous regions and municipalities directly under the central government shall order the correction of the patent work for a period of time, warning that it will be punishable by a fine of up to $100,000, and the department of state's patent administration shall order the cessation of the new patent agent's business for a period of six months to 12 months until the licence of the patent agent's practice has been revoked”, the following penalties are decided:
The licence of the patent agency of the beijing company for intellectual property of shangfan, inc. Was revoked。
If the person concerned does not comply with this administrative penalty decision, he or she may, within sixty days from the date of receipt of this administrative penalty decision, apply to the national intellectual property authority for reconsideration in accordance with the law, or within six months from the date of receipt of this administrative penalty decision, initiate administrative proceedings before a competent people's court. This administrative penalty shall not be suspended during proceedings or review。
National intellectual property agency
13 december 2021
