First, let's learn how to choose a patent application agency:
1. Check the qualification certificate of the other party: any company or institution must have a business license before it can be established. As an agent mainly engaged in intellectual property rights, in addition to the business license qualification, he should also hold the relevant agent qualification certificate issued by China National Intellectual Property Administration after filing. An agency that is not recognized by the Intellectual Property Office cannot provide an agent application service for inventors.
2. Understand their scale and reputation in the industry. Formal agency companies have all kinds of certificates as the basis for their business. The bigger the organization, the richer its strength and background, and the better its reputation.
The process of patent application is more complicated, especially for invention patents, which need not only formal examination, but also substantive examination, which is more difficult, so it is very important to find a reliable agency.
According to the relevant provisions of the contract law, as a trustee, the main obligations of the Patent and Trademark Office are as follows:
1. The trustee has the obligation to handle the entrusted affairs according to the instructions of the principal.
Article 399 of the Contract Law stipulates this obligation of the trustee, that is, "the trustee shall handle the entrusted affairs according to the instructions of the principal. If it is necessary to change the client's instructions, it shall be approved by the client; If it is difficult to get in touch with the client due to an emergency, the trustee shall properly handle the entrusted affairs, but shall report the situation to the client in time afterwards. " When the trustee accepts the entrustment of the principal, the patent agency contract is established. Therefore, the trustee should meticulously carry out the instructions of the principal, earnestly safeguard the legitimate rights and interests of the principal within the scope authorized by the principal, and try his best to complete the entrusted affairs. The first duty of the trustee is to handle the entrusted affairs according to the instructions of the principal. In principle, the agent shall not change the instructions of the principal. In the process of handling the entrusted affairs, if the trustee needs to change the instructions of the principal in order to safeguard the interests of the principal due to changes in objective circumstances, the law stipulates that the consent of the principal should be obtained.
2. The trustee has the obligation to personally handle the entrusted affairs.
Article 400 of the Contract Law stipulates this obligation of the trustee, namely: "The trustee shall personally handle the entrusted affairs. With the consent of the principal, the agent may delegate. If the entrustment is approved, the trustor may directly instruct the third party to entrust the entrusted affairs, and the trustee is only responsible for the entrustment and instructions of the third party. If there is no agreement on entrustment, the trustee shall be responsible for the behavior of the entrusted third party, except that the trustee needs to entrust in order to safeguard the interests of the principal in an emergency. "
The trustee has the obligation to report to the principal.
Article 401 of the Contract Law stipulates this obligation of the trustee, namely: "The trustee shall report the handling of the entrusted affairs according to the requirements of the client. When the entrustment contract is terminated, the trustee shall report the results of the entrusted affairs. " According to this regulation, in the process of handling the entrusted affairs, the trustee shall report the progress of the affairs according to the requirements of the client and give instructions according to the requirements of the client. When the client terminates the contract, the agent shall also report the handling process and results as required by the client, and submit the necessary written materials and supporting documents.
The trustee has the obligation to compensate the loss of the principal.
Article 406 of the Contract Law stipulates this obligation of the trustee, namely: "If the paid entrustment contract causes losses to the client due to the fault of the trustee, the client may demand compensation; If the gratuitous entrustment contract causes losses to the principal due to the intentional or gross negligence of the agent, the principal may demand compensation for "the agent exceeds his authority and causes losses to the principal." Should compensate for the loss. " According to this provision, we should pay attention to:
(1) The trustee shall be liable on the premise of fault and loss. If there are losses, but the trustee is not at fault, he shall not be liable; Or the trustee is at fault, but has not caused losses, and does not have to bear the responsibility. The principle of liability of the trustee in the entrustment contract is the principle of fault liability, which is different from the general principle of liability for breach of contract, that is, strict liability.
(2) The responsibility of the trustee varies according to whether the entrustment contract is paid or unpaid. In the paid entrustment contract, as long as the trustee is at fault in handling the entrusted affairs, he will be liable for compensation. A gratuitous entrustment contract, because the trustee has no remuneration, has a lighter responsibility than a paid entrustment contract. Only in the case of intentional or gross negligence, the trustee is responsible for damages. The so-called gross negligence means that ordinary people can foresee the harmful consequences of the act, but the trustee fails to foresee them due to negligence, which leads to the occurrence of harmful consequences.
(3) If the trustee exceeds his authority and causes losses, he shall be liable for compensation. In the entrustment contract, although the trustee's authority is large, there is always a certain scope of authority. If the trustee exceeds his authority and causes losses to the client, he shall be liable for compensation, because exceeding his authority is a fault in itself. Some people think that if the trustee can prove that he is not at fault, he can be exempted from liability even if he exceeds his authority. This view is inappropriate. If the parties are allowed to prove that they are not at fault and justify their ultra vires behavior, then there is no need to entrust and set the scope of authority. What's more, if the trustee exceeds his authority, it will violate the principle of good faith and damage the trust of both parties.
Beijing patent agencies choose professional, transparent and fair charging standards to reassure customers, and their efficient work efficiency will reassure customers, and each process agent will give timely feedback to customers.
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