I'm fine. Guangzhou 0107
Parties:***
Name of main qualification certificate: business licence
Unified social credit code:***
Residence:***
Statutory representatives:***
Id number:***
On 2 december 2025, the bureau opened an investigation into the alleged presence of a surrogate patent application. From 2021 to 2024, 939 patent applications, such as no. 202421773450x, were found by the state intellectual property agency to be irregular。
The above-mentioned facts are the letter on the transfer of materials related to the breach of the law by patent agents. This is evidenced by documents such as no. 277,*** the agent's list of irregular patent applications, operating licences, the patent agent's licence to practise, a copy of the legal representative's identity card, a power of attorney, a copy of the client's identity card,*** a confirmation of the service address, a live statement, a statement of enquiry, a statement of case and a certificate relating to the withdrawal or modification of a partial patent application。
The above mentioned facts and evidence were confirmed. In accordance with articles 44 and 45 of the administrative punishments law of the people's republic of china, on 29 december 2025, the authority served the person concerned with the notice of administrative penalties of the market supervision authority of guangdong province. #208, guangzhou) the parties did not present their statements or their arguments within the prescribed time limit。
The board considers that the above-mentioned conduct of the parties is in conformity with article 51, paragraph 2, of the patent agents regulations, which is an offence under article 25 of the patent agents regulations, if: ... (ii) the conduct of an irregular patent application seriously disrupts the working order of the patent is punishable under article 25, paragraph 1 (e), of the patent agents regulations。
A large number of persons acting on behalf of an irregular patent application for a long period of time is in accordance with article 18, paragraph 1 (g), of the rules on the application of the discretionary powers of administrative penalties of the guangdong market supervisory authority, which provides for heavy administrative penalties in accordance with the law: ... (vii) other cases in which severe administrative penalties may be imposed under the law. In the course of the investigation, the person concerned is able to cooperate with the investigation of the law enforcement officials and, if the facts of the offence are presented, to provide, on his own initiative, evidentiary material relevant to the case, in accordance with article 12, paragraph 2, of the rules on the application of the discretionary administrative penalties of the guangdong province market supervision authority. “a person who, in accordance with the law, has either: ... (ii) has actively cooperated with the investigation of the market supervisory authority and, if the facts of the offence have been presented and has voluntarily provided evidence, may, in accordance with the law, impose a light penalty”. In accordance with article 19, paragraph 2, of the rules on the application of the discretionary administrative punishments of the guangdong province's superintendence of markets, “infringements that are both extenuating and extenuating circumstances, and in accordance with the principle of proportionality of penalties, shall be subject to general administrative penalties, taking into account, inter alia, the facts, circumstances and consequences of the violation and social harm suffered by the person concerned。
In summary, the bureau has decided:
Under article 25, paragraph 1 (e), of the patent agents ordinance, “the department administering the patent by the people's governments of the provinces, autonomous regions and municipalities directly under the central government shall order its correction for a period of time and shall be liable to a fine of up to $100,000 ... (v) neglect of the administration with serious consequences”. In conjunction with the above discretion, the person concerned shall be ordered to immediately correct the violation of the agent's irregular patent application and to impose the following administrative penalties:
Warning
2. A fine of $50,000。
Within 15 days from the date of receipt of this decision on administrative penalties, the person concerned shall pay the fine to the designated bank. In the event of non-payment of a fine upon expiry, the authority shall, on a daily basis and in accordance with the provisions of article 72, paragraph 1 (a), of the law of the people's republic of china on administrative penalties, apply to the people's court for enforcement at the rate of three per cent of the fine。
If the person concerned does not comply with this administrative penalty decision, he or she may apply to the people's government of guangdong province for administrative review within 60 days from the date of receipt of this administrative penalty decision, and may also, within six months, initiate administrative proceedings before the canton intermediate railway transport court in accordance with the law. Administrative penalties are not suspended during the application for administrative review or the initiation of administrative proceedings。
Guangdong market supervision authority
07/01 2026
