根据一项新修订的法规,如果发现专利代理人在没有执照的情况下工作,专利代理人将被责令停止营业并支付罚款。国家知识产权局周二在国务院新闻办公室召开的新闻发布会上向公众解释了该条例,该条例将于3月生效。报告称,对未经许可的特工的惩罚是这次修订的一个关键部分。除罚款和关闭外,省级专利管理部门还被赋予没收未经政府授权从事经营活动的代理人资产的权利。未经许可的代理人,通常被称为黑专利代理人,经常受到公众投诉。”他们严重损害了市场秩序,而且他们提供的服务也很差,”政府监管部门负责人宋建华说。她说:“黑人经纪人不擅长帮助客户申请专利或处理相关事务。”他们通过虚假广告或不公平竞争获得利益,例如降低市场价格。“如果国家忽视未经许可的代理商,创新者和专利持有人的利益将受到损害,她说,他们的禁令是国际公认的做法。中文律师事务所北京律师刘畅表示,在《条例》中明确行政处罚将有助于确保执法部门在处理问题时有适当的法律依据。刘说,这有助于保持行业秩序。据国务院副主任何华介绍,为了提高专利代理人的素质,促进知识产权的发展,推动全国创新,国务院于9月份通过了修订后的《条例》。截至10月底,全国共有42569人、2126家机构获得专利代理许可,可以提供专利分析、调解等服务。他说,新条例强调了专利代理人的重要性,简化了许可申请程序,并敦促当局提高工作效率,及时在网上向公众披露代理人相关信息。”我们还将在监督方面发挥作用,努力为创新者提供更好的环境,”他补充说。

Patent agents will be ordered to cease doing business and pay fines if it's found that they are working without a license, under a newly revised regulation.

The National Intellectual Property Administration explained the regulation, which will take effect in March, to the public at a news conference held by the State Council Information Office on Tuesday.

Punishments for unlicensed agents is a crucial part in the revision, it said.

Besides the fines and shutdowns, patent management authorities at the provincial level have also been given the right to confiscate the assets of agents who conduct businesses without government authorization, it added.

The unlicensed agents, often called black patent agents, have often been the subject of public complaints.

"They seriously harm market order, and the services they provide are poor," said Song Jianhua, head of the administration's regulatory division.

"The black agents are not good at helping clients apply for patents or deal with related affairs," she said. "They get benefits through fake advertisements or unfair competition, such as lowering their price in the market."

The interests of innovators and patent holders will be damaged if the country ignores the unlicensed agents, she said, adding that their prohibition is an internationally accepted practice.

Liu Chang, a Beijing lawyer at Zhong Wen Law Firm, said clarifying administrative punishments in the regulation will help ensure that law enforcement departments have a proper legal basis when going after problems. It can help keep the industry in order, Liu said.

The revised regulation was passed by the State Council in September, aiming to improve the quality of patent agents, contribute to intellectual property development and push forward innovations across the country, according to He Hua, deputy head of the administration.

As of the end of October, 42,569 people and 2,126 institutions nationwide had received the patent agent licenses, allowing them to provide services such as patent analysis or mediation.

He said the new regulation highlights the importance of patent agents, simplifies procedures for license application and urges authorities to increase their work efficiency and disclose agent-related information to the public in a timely manner online.

"We'll also play our role in supervision, trying to provide a better environment for innovators," he added.