Draft of Patent Specialist Law Has Taken a Big Turn in Policy.　Current Patent Agents May Become Legitimate Right Away.

The draft of Patent Specialist Law has taken a big turn in its policy.  The Examination Yuan and the Intellectual Property Office have reached a preliminary consensus.  After the draft of Patent Specialist Law is passed, current patent trademark agents may apply for waiver of examination subjects according to their qualifications and experiences.  However, there are more than 8,000 people eligible to receive a diploma from the Intellectual Property Office and qualified for patent trademark agents.  If all these people may be free of examination and become legitimate, the Examination Yuan believes it is in appropriate to have an overly loose standard and still working on this aspect.

 

The Patent Specialist Law drafted by the Intellectual Property Office originally adopted a double system of patent specialists and agents, so that the existed patent agents may still carry out related business after the draft is passed.  However, most of the patent trademark agents believe, to separate a patent specialist from a patent agent is prejudiced against a patent agent, and there shouldn’t be any difference in terms of names.  Thus, most patent agents oppose the draft of Patent Specialist Law.

In order to resolve the obstruction, IPO have conducted several negotiations with the Examination Yuan.  Both parties initially agree to follow Article 16 of the Professional and Technical Personnel Examination Law, “When attending a professional and technical personnel examination, those who have qualifications or experiences equivalent to the professional and technical personnel examination may receive waiver of examination subjects depending on their different experiences.”

 

IPO indicates, they plan to re-submit the draft of Patent Specialist Law during the Legislative Yuan’s next term of meeting in July.  Viewing from the current content of draft, it is more acceptable to the patent trademark agents.  The obstruction against the draft is likely to lessen.  (2005.5)

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