中 文 English  
Home
About ACPAA Laws & Regulations Member WIPO Observer Activities IP News FICPI China Annual Report Links Contact Us
You are here: >> Annual Report >> Annual Report 2008
Annual Report
Annual Report 2008
2010-10-15
 

Summary of the Work of the All-China Patent Agents Association (ACPAA) in 2008

The work of ACPAA is reported in five parts as follows:

I. Strengthening the building of the patent agency industry, and maintaining the industry’s interests
In 2008, the ACPAA Secretariat undertook assignments from the State Intellectual Property Office (SIPO) to draft or develop the Development Plan for the Patent Agency Industry (2009-2015), the Building of the Credit System for Patent Agency, the Guide to the Training of Practitioners of the Patent Agency Industry, the Guide for Patent Agency Service Standards and the Management Software for Medium and Small-sized Patent Agencies, and conclusive or interim progress has been made in all these assignments. In particular, the drafting of the Guide to the Training of Practitioners of the Patent Agency Industry is almost finished; the drafting of the Development Plan for the Patent Agency Industry (2009-2015) is close to the end; the assignments for the Building of the Credit System for Patent Agency, the Guide for Patent Agency Service Standards and the Management Software for Medium and Small-sized Patent Agencies are in good progress, with satisfactory interim results obtained.

In 2008, the ACPAA Secretariat undertook assignments from the State Intellectual Property Office (SIPO) to draft or develop the Development Plan for the Patent Agency Industry (2009-2015), the Building of the Credit System for Patent Agency, the Guide to the Training of Practitioners of the Patent Agency Industry, the Guide for Patent Agency Service Standards and the Management Software for Medium and Small-sized Patent Agencies, and conclusive or interim progress has been made in all these assignments. In particular, the drafting of the Guide to the Training of Practitioners of the Patent Agency Industry is almost finished; the drafting of the Development Plan for the Patent Agency Industry (2009-2015) is close to the end; the assignments for the Building of the Credit System for Patent Agency, the Guide for Patent Agency Service Standards and the Management Software for Medium and Small-sized Patent Agencies are in good progress, with satisfactory interim results obtained.
To support the successful amendment of the Patent Law, ACPAA convened a comment solicitation meeting for the amendment of the Patent Law and the Patent Law Implementing Rules involving insiders of the patent agency industry. After the meeting, ACPAA compiled comments and suggestions into a report, and submitted it to SIPO, the Legislative Affairs Office of the State Council and the Commission for Legal Affairs of the National People’s Congress.
In 2008, ACPAA also improved the drafting of the Regulations for the Academic Committee (Interim) and the Working Regulations for the Ad-hoc Committees (Interim). The above regulations were put into trial implementation on October 1, 2008 after approval by the Executive Council. At the same time, ACPAA completed the approval of applications for the membership of the ad-hoc committees, with 166 members approved in the first round. Afterwards, the Ad-hoc Committees on Invention, Appearance Design and Legal Action also held 4 academic events, involving a total of about 270 people.
While carrying on development and innovation, ACPAA continued to carry on its basic work properly. It not only edited and published the 2008 issues of China Patent Agency successfully, but also re-edited and printed the ACPAA introduction in Chinese and English, and edited and issued the 2007 Annual Report of ACPAA, which reviewed and recorded the development course of the patent agency industry historically. The ACPAA Secretariat also strengthened its basic work, such as the building of the ACPAA website and the Secretariat’s internal systems.
In 2008, ACPAA participated in the work on the new unified front joint conference of all social classes of the United Front Work Department (UFWD) of the CPC Central Committee, and designated a person as a member and liaison man of the conference. As required by UFWD, the ACPAA Secretariat gathered comments from patent agents carefully, and completed the Report on the Policy Mechanism and Effective Measures for Promoting Patent Agents and Talents to Grow and Function, which was well recognized by UFWD and the new unified front joint conference of all social classes.
On May 12, 2008, Wenchuan in Sichuan Province, China was hit by a massive earthquake. ACPAA expressed its care and consolation for patent agents in the disaster-hit area immediately, and a donation proposal for earthquake relief and rescue was published on the ACPAA website timely, calling on patent agents nationwide to be united against the natural disaster. According to incomplete statistics, patent agencies and agents donated a total of 5 million yuan. ACPAA also proposed specific assistance measures for the disaster-hit area, including providing materials to the Intellectual Property Office of Sichuan Province, exempted 19 patent agencies in the disaster-hit area from annual membership fees, and opened training courses in Chengdu to give free training.

II. Improving the management of the patent agency industry, and carrying out industry self-regulation
In 2008, ACPAA held the 2nd Session of the 7th Executive Council and the 4th, 5th and 6th executive meetings to study and discuss some urgent and important issues in the industry today, including the propaganda of the Development Plan for the Patent Agency Industry (2009-2015) (Draft for Discussion), the Guide for Patent Agency Service Standards (Draft for Discussion), the Guide to the Training of Practitioners of the Patent Agency Industry (Draft for Discussion), the Report on the Policy Mechanism and Effective Measures for Promoting Patent Agents and Talents to Grow and Function and the ACPAA 20th anniversary, decisions on the punishment of violations, and outside communications, etc. In order that the participants further understand the Outline of the National Intellectual Property Strategy promulgated by the State Council, Huangqing, Secretary-general of the Intellectual Property Strategy Office, SIPO, was specially invited to the 5th Session to introduce the background for enacting the Outline of the National Intellectual Property Strategy and the imagination about its future implementation.
In 2008, ACPAA continued to issue the practicing certificate for patent agent as entrusted by SIPO carefully. 1,038 certificates were issued or re-issued in total, including 743 newly issued ones, and 129 certificates were revoked. At the same time, the ACPAA Secretariat updated the data on the practicing certificate timely and submitted it to SIPO for reference. The Secretariat started the updating of the patent agent database in May, and had updated 80% of the data by December. At the same time, the Secretariat also prepared a survey questionnaire for basic information on patent agents, and distributed it as a trial. In June, the Secretariat proposed and drafted the Opinions on the implementation of Reduction of Membership Fees of ACPAA (Interim). In September, the Secretariat issued the Circular on ACPAA’s Participation in and Support of the Annual Auditing of Patent Agencies to the provincial and municipal intellectual property offices. According to the Measures for the Administration of Patent Agency, ACPAA proposed that it would send the latest data on the practicing certificate for patent agent to the provincial intellectual property offices in every future quarter to participate in and support the annual auditing of patent agencies and patent agents.
In 2008, ACPAA further strengthened industry management and self-regulation, investigated and punished the reported violation of Dalian Wisdom Patent Office, the false propaganda of two intellectual property agencies in Beijing and the irresponsibility of a patent office in Heilongjiang for inventors; reminded many patent agents involved in violations and internal conflicts through conservation; recalled the practicing certificate for patent agent from several reported part-time agents after verification; investigated and verified the improper management and the reported violation of an agent of BTA Intellectual Property Agency Co., Ltd. In addition, reports out of the self-regulation jurisdiction of ACPAA were transferred timely to the competent authorities for disposition, such as the fraud of selling examination papers online and reported violations of local administrative organs, so that problems were solved timely.
In 2008, ACPAA strengthened the capacity building of the Secretariat. First, the ACPAA Secretariat was further staffed. With the great support of SIPO, 4 people came to the Secretariat to assist in its work, and 3 more people were recruited by the Secretariat. Most important of all, in order to strengthen the building of ACPAA’s Party organization, the CPC branch of the ACPAA Secretariat was founded in December 2008.

III. Improving the professional proficiency in patent agency, and strengthening occupational training
In 2008, ACPAA strengthened its institutional building for training. With the support and direction of SIPO, the drafting of the Guide to the Training of Practitioners of the Patent Agency Industry was completed in September, and is to be promulgated and put into effect after the 3rd Session of the 7th Executive Council.
In 2008, ACPAA carried on the drafting of the Guide for Patent Agency Service Standards, set up a drafting team for the Guide for Patent Agency Service Standards, and completed the first draft of the Guide for Patent Agency Service Standards in December on schedule, so that an interim result was obtained in this task.
To meet the need for patent agency development, ACPAA held 25 training and communication activities for different levels and positions in 2008, involving a total of 2,360 men-times. Specifically, an operational training session for newly approved foreign-related patent agencies was held, involving 49 trainees from 25 agencies; 5 pre-job training sessions for patent agents were given, involving over 670 people; ACPAA conducted 5 operational communications with different examination departments of SIPO, involving over 520 people; and 8 intensive operational lectures were held, involving over 630 people.
In addition to conventional training courses, ACPAA held 2 advanced training sessions in favor of certain regions with the great support of SIPO in order to promote the balanced development across regions, involving 200 people in total; an high-level operational training session, involving over 140 senior patent agents with 5 or more years of practicing experience in patent agency; and 2 operational communication seminars for patent agencies, involving over 260 people. In order to further regulate the practicing training on patent agency, ACPAA established the “patent agent training record inquiry system”, which is to be put into trial operation. This system not only makes training records opener and more transparent, but also strengthens the institutional building of training.
In order to support SIPO’s internal building and strengthen the monitoring of patent audit quality, an external feedback system on patent audit quality was established at ACPAA with the great support of the Mechanics Examination Department, SIPO. ACPAA is responsible for collecting and processing external feedback for this system, and reporting to SIPO. In 2008, ACPAA received over 120 copies of the feedback form, collected and directly reported over 160 pieces of feedback, and compiled and published the Briefing on External Feedback for Audit Quality and the Annual Report on External Feedback for Audit Quality.

IV. Improving capabilities of foreign patent agency affairs, and carrying out foreign communications
On May 16, 2008, the Application for the Permanent Observer Status of WIPO submitted by ACPAA was approved by SIPO, mailed to WIPO after approval by the Ministry of Foreign Affairs, and adopted at the 45th Assembly of WIPO Member States held in Geneva September 22-30, 2008.
In 2008, ACPAA carried out internal communication and cooperation in patent agency positively, further expanding its channels of foreign communication, and received 63 men-times of foreign visitors from Japan, the U.S., EU, France and Belgium, and an ACPAA mission was organized to visit the Netherlands Institute of Patent Agents, the German Chamber of Patent Attorneys, the British Chartered Institute of Patent Agents and the Japan Patent Attorneys Association successfully. The mission communicated information on industry management, moral norms, service standards, education and training, and punishment rules with foreign peers extensively, learned their experience in patent protection, intellectual property legislation, technology transfer and technical parks, and agreed on the intent for future communication and the mutual assignment of advanced trainees with Germany; the mission visited the Eindhoven Industrial Park, the Philips Science Park, the China-Europe Intellectual Property Foundation, Linde AG, the Royal Courts of Justice, the Japan Patent Office, the Japan Intellectual Property High Court and some patent offices. ACPAA held the China-Britain Seminar on Intellectual Property, and the 20th Joint Executive Meeting of the Chinese and Japanese Patent Agents Associations, and attended the annual conference of the Netherlands Institute of Patent Agents; the members of the ACPAA mission made speeches on “ACPAA and the present situation of China’s patent agency”, “The latest changes and developments of the China Patent Law”, “The latest changes and developments of the China Trademark Law”, “Introduction to typical patent lawsuits of China”, “Chinese criteria for judgment of creativity”, “Introduction to some provisions of the draft amendment to the Patent Law”, “Introduction to the work of ACPAA in 2008”, “ACPAA’s training and management of newly approved foreign-related patent agencies”, etc. during this visit.
In order to improve the proficiency of ACPAA members in dealing with foreign affairs and provide opportunities of studying abroad to more members, ACPAA and the Association for Overseas Technical Scholarship of Japan (AOTS) held the “Advanced Courses for Chinese Patent Agents” jointly for free, where 30 heads of patent agencies from around the country attended studies in Beijing and Tokyo, and visited the Japan Patent Office, the Intellectual Property Division of Panasonic Corporation, patent offices and the Japan Patent Attorneys Association.
In 2008, ACPAA also held the 17th (Hangzhou) China-Japan Seminar on Intellectual Property together with the Intellectual Property Office of Zhejiang Province and the Association for the Promotion of International Trade of Japan, China Patent Office, the Joint Executive Meeting, the Joint Meeting of the FICPI (International Federation of Intellectual Property Attorneys) China and France branches and the China-France (Shanghai) Seminar on Intellectual Property together with the mission of the French Institute of Patent & Trademark Attorneys, involving about 440 men-times.
In 2008, ACPAA strengthened its work on the participation of patent agents in international intellectual property affairs, and assigned 7 men-times of patent agents to attend international conferences, including the Conference of WIPO on Client Privilege in Intellectual Property Professional Advice, the AIPPI (Germany) NGO Conference, the press conference held by the Ministry of Justice of Germany during the INTA Conference, the 41st AIPPI General Assembly & NGO Conference, and the EPO interactive communications with NGOs.
The ACPAA Secretariat also processed and completed routine affairs in 2008 as the Secretariat of the FICPI China branch, mainly including accepting and submitting 5 applications for joining the FICPI, collecting FICPI membership fees of 2008, participating in the convention of 2 general assemblies of the FICPI China branch, undertaking the “European Intellectual Property Affairs” lecture meeting of the FICPI China branch in Beijing.

V. Strengthening the propaganda of the patent agency industry, and improving public influence
December 12, 2008 was the 20th anniversary of the foundation of ACPAA. Taking this good opportunity, ACPAA strengthened propaganda, and held a series of propaganda and celebrative events related to its 20th anniversary.
ACPAA launched a national solicitation for papers on “The development of the patent agency industry and the building of an innovative country”, and compiled the prize-winning papers into a collection of selected papers for publication.
ACPAA edited and published the large memorial picture album titled “20 Splendid Years”.
Upon proposal by the Secretariat and with the consent of the Executive Council, ACPAA issued a certificate of honor to some patent agents for a long term of service.
In 2008, ACPAA gave positive propaganda through the press upon its 20th anniversary. Since May, ACPAA organized and called on patent agents to write and submit articles, and serialized these articles on a special page of China Intellectual Property News. At the same time, the Secretariat opened a special column for celebrating ACPAA’s 20th anniversary on its website, where historical review articles, old photos and the resumes of the past chairmen of ACPAA were published for more convenient and effective communication. In order to make the memorial event more meaningful, memorable and influential, a whole-page introductory article on the patent agency industry and ACPAA’s 20th anniversary was published on People's Daily and China Intellectual Property News on the anniversary (December 12) with the consent of the Executive Council.
On December 18, 2008, ACPAA held a grand celebration conference on the 20th anniversary of ACPAA and academic conference in Beijing successfully, when nearly 300 people from the global intellectual property community were present. The conference was thought highly of by the SIPO leadership. Commissioner Tian Lipu, Deputy Commissioner He Hua, former Commissioner Wang Jingchuan, former Deputy Commissioner Wu Boming and other leaders from different departments of SIPO were present in person, expressing government care and support for the conference; also present were leaders and experts from intellectual property-related fields, including representatives of UFWD and the Supreme People’s Court, copyright and trademark agents, attorneys and tax accountants.

All China Patent Agents Association