A few days ago, our South African partner sent an email to remind us that the annual fee for a South African patent was paid by a person named "Hong Jianguo"(Chinese Hong means Red,Jianguo means Nut,"Hong Jianguo" means Red Nut) instead of by the local agency in South Africa, and that the annual fee was invalid.
We then checked the South African patent website and found that the address of this person named "Hong Jianguo" was described as follows:
According to the relevant provisions of the South African Patent Act:
Patent Term:
(1) Except as otherwise provided in this Act, the term of protection of a patent is 20 years from the date of application for the patent, subject to the payment of prescribed annual fees by the patentee or his agent.
…
definition:
In this Act, unless the context otherwise requires, "agent" means ... a patent agent or patent attorney referred to in section 20 or a solicitor referred to in section 22;
…
20. Qualification and registration of patent agents and patent attorneys
(1) At any time within five years from the date of the commencement of this Act, any person resident in the Republic of South Africa may, in such manner and upon examination and payment of such fee as may be prescribed, be registered by the Registrar as a patent agent.
In other words, South African patent agency needs to be represented by a qualified South African patent agent in South Africa, and the South African patent annual fee needs to be paid by a qualified South African patent agent in South Africa.
Obviously, this man named Hong Jianguo took advantage of the fact that the South African Patent Electronic Application Network does not verify the qualifications of annual fee payers. He just filled in an address in Shenzhen, China, added the word "South Africa" and got away with it.
According to the South African Patent Law, any third party can use the annual fees paid for South African patents without agency qualifications as a reason to file a request for invalidation of the South African patent.
In other words, Hong Jianguo, you have put your Chinese clients in a dangerous situation and exposed your clients to great risks!
There is an old Chinese saying that a gentleman loves money but gets it in a proper way. Only when you respect others can others respect you. Shenzhen Red Nut Technology Co., Ltd. makes money by any means necessary, which brings great risks to the clients. Shenzhen Red Nut Technology Co., Ltd., we shamed on you.
