Foreigners can now, less than stringent situations, get the patent bar evaluation.  A short summary of the test follows. The examination, which is held after a year, takes location above a working day and half with a few areas: Patent legal know-how, Related legal knowledge, and Patent company practice (e.g., drafting claims).  On the other hand, not like the U.S. patent bar assessment, the Chinese patent bar evaluation also covers enforcement of patent legal rights as effectively as other regions of regulation. The next exam will be held on November 14 – 15, 2020.

China Bar Exam

Subject issue

The test is primarily based on the Patent Attorney Qualification Assessment Syllabus (2020年专利代理师资格考试大纲), a 50-page doc listing matters for the test.  Portion I Patent Lawful Awareness covers the background of the patent program as properly as lawful and procedural guidelines. Especially,

  1. Patent Essentials (e.g.,  Who has the right to use for a patent and the possession of the patent correct Patent Agency Process)
  2. Substantive Ailments for Granting Patent Legal rights (e.g., Patent Subject Subject, Patentability, and many others.)
  3. Patent Software Files (e.g., specification needs, and so on.)
  4. Patent Application and Prosecution Methods
  5. Reexamination/Invalidation of Patents
  6. Patent Enforcement (e.g., rights of the patentee, patent infringement, obligatory licensing, etcetera.)
  7. Patent Cooperation Treaty and patent-related Worldwide Treaties
  8. Patent Literature and Classification

Section II Similar Legal Expertise covers other rules, both intellectual assets-connected and simple legislation. Exclusively,

  1. Appropriate Primary Rules and Regulations (e.g., Civil Legislation, Agreement Law, Civil Procedure, etc.)
  2. Suitable Intellectual Assets Rules and Polices (e.g., Copyright Law, Trademark Regulation, and so on.)
  3. Relevant Worldwide Treaties (Paris Conference, The Agreement on Trade-Related Elements of Intellectual Assets Rights (Trips), and regulations of overseas countries such as the U.S., and many others.)

Section III Patent Company Practice covers composing technical specs and statements. Particularly,

  1. Drafting of Patent Application Files (specification and claims)
  2. Other Patent Agency Methods

Examination Structure

The examination requires position about a working day and a fifty percent with 2.5 several hours allotted to Aspect I patent authorized expertise, 2 hours to Element II linked authorized information and 4 hours for Element III Patent Company Exercise. The initial two Parts are a number of alternative though the third Portion is drafting. The evaluation is shut guide and computerized. The Exam concerns are in simplified Chinese figures but candidates from Hong Kong Special Administrative Area, Macau Specific Administrative Area, and Taiwan can use conventional Chinese people to solution the inquiries if the like.

Grading

The Chinese patent bar examination is graded on a curve – that is, Go/Fail is decided “based on the actual desires of [country’s] patent perform and the problem of the examination queries of the yr,” maybe guaranteeing that China does not turn into overpopulated with patent attorneys.  On the other hand, the go rating has been very steady given that 2009 with a blended rating for Sections I and II of 150 (lowering from 180 in 2006) and 90 (increasing from 85 in 2006) for Part III needed for passing. 

As my pal Lei (Rickey) Tan claims, “it was definitely a grueling experience! Unforgettable!… This journey is actually tough.” Far more info on the test and registration process can be found listed here (Chinese only).


© 2020 Schwegman, Lundberg & Woessner, P.A. All Rights Reserved.
Nationwide Law Evaluation, Volume X, Amount 303