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According to Article 12 Paragraph 4 of the Pat-ent Law, qualifications and administration of certified patent attorneys are to be defined by a separate law, and that until such a law is enacted, these matters are to be governed by the Rules Governing Patent Agents. To create a healthy system for representation of patent matters, the IPO is currently drafting the Law of Patent At-torneys, which will govern the practice, respon-sibilities and regulation of patent attorneys. The draft law comprises 44 articles in five chapters. The main points are as follows:
Qualifying and disqualifying conditions for patent attorneys, and the procedures for ob-taining certification, are defined.
The draft law defines patent attorneys' pre-practice training requirements, registra-tion for practice, model and scope of practice, and rules to be adhered to in practice.
The draft law regulates the organization of a patent attorneys' professional association, and defines matters subject to the guidance and supervision of the authority responsible for regulating civic bodies.
The draft law defines grounds for disciplinary proceedings against patent attorneys, proce-dures for such proceedings, the sanctions such proceedings may impose, the organization of disciplinary committees, and penalties for unauthorized practice by unqualified persons.
The draft law provides that existing patent agents may continue to practice for the con-cerned patent matters, and defines regulations for administrating the patent agents.
