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近年来,围绕专利法律服务领域的行业准入问题、特别是律师和律师事务所从事专利法律服务的从业资质问题,在专利代理及律师行业中产生了巨大的争议和分歧。《专利代理条例》(修订草案送审稿)的出台在一定程度上使得这些分歧更加具体化和表面化,已经引起社会各方的极大关注。本文仅从专利诉讼业务、专利无效宣告业务、律师事务所代理专利申请业务几个方面,就律师参与专利法律服务以及律师与专利代理人相互之间的互补、竞争、融合的发展问题进行探讨。
In recent years, around the industry access issues in the field of patent legal services, especially the professional qualifications of lawyers and law firms engaging in patent legal services, there has been a huge dispute and disagreement among the patent attorneys and lawyers. To some extent, the promulgation of the “Regulations on Patent Agents” (revised draft for review and approval) has made these differences more specific and superficial. This has drawn great concern from all sectors of society. This article only discusses the lawyers’ participation in the development of patent legal services and the mutual complementarity, competition and integration between lawyers and patent agents in several aspects, such as the patent litigation business, the patent invalidation announcement business and the law firm agency patent application business.