Xinhua news agency, Beijing, February 23 (reporter Zhang Quan) - the State Intellectual Property Office (SIPO) recently solicited opinions on the measures for standardizing patent applications (Draft), aiming to ensure the realization of the legislative purpose of the patent law to encourage real innovation activities and maintain a fair competition business environment by prohibiting and cracking down on all kinds of abnormal patent applications.
The draft defines all kinds of abnormal patent applications, lists the manifestations of abnormal patent applications, clarifies the special processing procedures of the State Intellectual Property Office for abnormal patent applications, and informs the relevant legal remedies to protect the legitimate rights and interests of the counterpart.
According to the draft, the State Intellectual Property Office may not reduce the patent fee for the identified abnormal patent application according to the circumstances; if the fee has been reduced, it is required to pay the reduced fee. If the circumstances are serious or repeated, the applicant shall not reduce the patent fee for his patent application within five years from the date of determining the abnormal patent application.
The draft also defines the handling measures for units or individuals with various abnormal patent application behaviors, as well as the handling departments and agencies.