The State Intellectual Property Office is a national bureau managed by the State Administration for Market Regulation and is at the deputy ministerial level.
The State Intellectual Property Office implements the Party Central Committee’s guidelines, policies and decisions on intellectual property work, and upholds and strengthens the Party’s centralized and unified leadership of intellectual property work in the process of performing its duties. The State Intellectual Property Office (Patent Office) is directly under the State Council and is a national administrative institution. Most people are not civil servants, but enjoy the treatment of civil servants. Only a small number of people are employed as civil servants. The State Intellectual Property Office of the People's Republic of China is an agency directly under the State Council, responsible for organizing and coordinating national intellectual property protection work and promoting the construction of an intellectual property protection work system.
Related to division of responsibilities.
1. Division of responsibilities with the State Administration for Market Regulation. The State Intellectual Property Office is responsible for the business guidance of trademark and patent enforcement work, formulating and guiding the implementation of trademark and patent rights confirmation and infringement judgment standards, formulating inspection, appraisal and other related standards for trademark and patent enforcement, establishing mechanisms, and implementing policy standards. Connection and information notification, etc. The State Administration for Market Regulation is responsible for organizing and guiding trademark and patent enforcement work.
2. Division of responsibilities with the Ministry of Commerce. The State Intellectual Property Office is responsible for coordinating foreign-related intellectual property matters. The Ministry of Commerce is responsible for multilateral and bilateral intellectual property external negotiations related to economy and trade, bilateral intellectual property cooperation consultation mechanisms, and coordination of domestic positions.
3. Division of responsibilities with the National Copyright Administration. Relevant copyright management work shall be carried out in accordance with the division of labor stipulated by the Party Central Committee and the State Council on copyright management functions.
Main Responsibilities
(1) Responsible for formulating and organizing the implementation of national intellectual property strategy. Formulate major policies and development plans to strengthen the construction of an intellectual property power. Formulate and implement management policies and systems to strengthen the creation, protection and use of intellectual property.
(2) Responsible for protecting intellectual property rights. Formulate and organize the implementation of a system for strictly protecting intellectual property rights such as trademarks, patents, geographical indications of origin, and integrated circuit layout designs. Organize the drafting of relevant laws and regulations, formulate departmental regulations, and supervise their implementation. Research intellectual property protection, management and service policies that encourage innovation in new fields, new business formats and new models. Research and propose plans for the construction of an intellectual property protection system and organize their implementation to promote the construction of an intellectual property protection system. Responsible for guiding trademark and patent enforcement work, guiding local intellectual property dispute handling, rights protection assistance and dispute mediation.
(3) Responsible for promoting the use of intellectual property rights. Formulate policies for the use and regulation of intellectual property transactions to promote the transfer and transformation of intellectual property rights. Standardize the evaluation of intellectual property intangible assets. Responsible for work related to patent compulsory licensing. Formulate policies and measures for the development and supervision of intellectual property intermediary services.
(4) Responsible for the review, registration and administrative ruling of intellectual property rights. Implement trademark registration, patent review, and integrated circuit layout design registration. Responsible for administrative rulings such as review and invalidation of trademarks, patents, and integrated circuit layout designs. Formulate a unified identification system for geographical indications of origin and organize its implementation.
(5) Responsible for establishing an intellectual property public service system. Build a national intellectual property information public service platform that is convenient for enterprises and people, and interconnected, and promote the dissemination and utilization of intellectual property information such as trademarks and patents.
Legal basis:
"Regulations of the State Intellectual Property Office on Electronic Patent Applications"
Article 1 is for the purpose of regulating and filing applications in the form of electronic documents through the Internet The procedures and requirements related to patent applications (hereinafter referred to as electronic patent applications) are formulated in accordance with Article 3 and Paragraph 2 of Article 16 of the Implementing Rules of the Patent Law.
Article 2: Anyone who submits an electronic patent application must sign the "Electronic Patent Application System User Registration Agreement" (hereinafter referred to as the User Agreement) with the State Intellectual Property Office in advance.
Article 3 Applications for invention, utility model and design patents may be filed in the form of electronic files.
If the formalities for entering the Chinese national phase of an international patent application are handled in accordance with the provisions of Paragraph 2 of Article 99 of the Implementing Rules of the Patent Law, the application prescribed in Article 101 of the Implementing Rules of the Patent Law may be submitted in electronic form. document.