In the "blue sky" operation, while striking "black agent" with heavy boxing, the State Intellectual Property Office takes Strictly Standardizing the practice of patent agency and patent agent as one of the key contents of the regulation, and punishes serious illegal acts such as leasing and lending patent agency qualification, and strictly governing the non normal patent application and "hanging certificate" and other acts.
（1） Punish patent agent for serious illegal acts according to law
During the "blue sky" operation, the State Intellectual Property Office directly filed 18 cases, which gave a heavier punishment to serious violations. The agency and principal person in charge of the qualification of the patent agency for leasing shall be punished with "double hanging" (revocation of the registration certificate of the patent agency and the qualification certificate of the patent agent), the agency that divulges the invention and creation content of the principal shall be punished with the punishment of "ordering the agency to stop undertaking the new patent agency business for 12 months", and the agency that makes false and conceals the real situation shall be given the punishment "Cancellation of patent agency registration certificate" punishment.
（2） Severely crack down on the agency abnormal patent application
The administrative measures for patent agency, which came into effect on may1,2019, clearly stipulates that if the patent agency "engages in abnormal patent application and seriously disrupts the patent work order", it may give warning, fine and stop undertaking new professional agent business according to the patent agency regulations, until the punishment of revocation of the license.
During the "blue sky" operation, the State Intellectual Property Office continuously monitors and transmits the information of abnormal patent application to local authorities for investigation and treatment. In 2019, 10 administrative penalties involving abnormal patent application agency behaviors will be directly imposed. In 2020, more than 200 applications submitted through the agency will be extracted from the new batch of identified abnormal patent application information, involving 12 patent agencies, and transferred to the agency To Beijing, Shanghai, Guangdong, Shandong, Liaoning, Shaanxi and other six provinces and cities Intellectual Property Bureau. All local bureaus have filed cases and are speeding up investigation and treatment according to law.
Strengthening the supervision of patent agency plays an important role in the fight against abnormal patent application. Data show that since the "blue sky" action was launched, on the basis of the collaborative linkage of relevant work of the State Intellectual Property Office before, the number of submitted by the agency has decreased significantly. In the abnormal applications identified in 2020, only 270 cases submitted by the agency have been submitted, and the agency behavior of abnormal patent applications has been effectively restrained.
（3） Centralized governance of "hanging certificate" behavior
In view of the "hanging certificate" behavior of patent agent, the State Intellectual Property Office coordinates relevant departments to comprehensively check the social security information of the licensed patent agent, and obtains more than 6600 preliminary clues of "hanging certificate". After verification by various regions, more than 1600 information about "hanging certificate" are confirmed, and relevant personnel shall promptly rectify after negotiation. According to statistics, from March to December 2019, the patent agent cancelled 4652 practicing records, accounting for 22.9% of the total number of practitioners, more than 10 percentage points higher than the same period in previous years, and the number of application for change of shareholders and partners also increased significantly, and the awareness of compliance with law and standard operation of the industry was significantly improved.
Meanwhile, the State Intellectual Property Office investigated the large-scale websites in the industry suspected of spreading "hanging certificate" information, interviewed relevant persons in charge and demanded immediate rectification. Relevant websites immediately shut down the relevant sections and columns of "hanging certificate", deleted more than 16000 illegal "hanging certificate" information and more than 500 account numbers, blocked the release of information such as "hanging on the card" and effectively cut off the "hanging certificate" trading channel.
（4） Strictly manage other non-standard practice behaviors
In the "blue sky" operation, the local intellectual property office also imposed nine administrative penalties on the illegal means of soliciting business. The patent agency self inspection and rectification and credit commitment work were organized, 2869 patent agencies and branches completed self inspection and submitted reports, 2775 institutions and 16477 patent agents signed the letter of credit commitment.
Meanwhile, the local governments also combine daily supervision and special actions to further promote the supervision of "double random and one public", In 2019, the inspection of 962 patent agencies and branches was completed according to the procedures, involving 28 inspection contents; in 2020, 48 institutions were listed in the list of abnormal business, 10 were listed in the list of serious violations and dishonesty, further standardizing the practice of patent agencies and maintaining good patent agency industry order.