Patent agency regulations
Chapter I General rules
Article 1 These Regulations are formulated for the purpose of protecting the legitimate rights and interests of patent agencies and their clients and maintaining the normal order of patent agency work.
Article 2 The term "patent agency" as mentioned in these Regulations means that the patent agency, in the name of the client, handles patent applications or other patent affairs within the scope of its agency authority.
Chapter II Patent Agency
Article 3 The term "patent agency" as mentioned in these Regulations refers to a service agency that accepts the entrustment of the client and, within the scope of the entrustment, handles patent applications or other patent affairs.
Patent agencies include:
(1) Patent agency handling foreign-related patent affairs;
(2) patent agency handling domestic patent affairs;
(3) Law firms dealing with domestic patent affairs.
Article 4 The establishment of a patent agency must meet the following conditions:
(1) Having its own name, articles of association and fixed office premises;
(2) Having the necessary funds and working facilities;
(3) be financially independent and able to independently bear civil liability;
(4) There are three or more full-time personnel qualified as patent agents and part-time personnel qualified as patent agents in the proportion prescribed by the Patent Office of the People's Republic of China.
Where a law firm engages in patent agency business, it must have full-time personnel as provided for in item 4 of the preceding paragraph.
Article 5 To apply to the patent administration authority for the establishment of a patent agency, the following documents shall be submitted:
(a) the application for the establishment of a patent agency, and specify the name of the patent agency, office premises, the name of the person in charge;
(2) the Constitution of the patent Agency;
(3) the name of the patent agent and his qualification certificate;
(4) Written proof of the funds and facilities of the patent agency.
Article 6 Where an application is made for the establishment of a patent agency to handle domestic patent affairs, or a law firm applies for the establishment of patent agency business, it shall, after obtaining the consent of its competent authority, be submitted to the patent administration authority of the province, autonomous region or municipality directly under the Central Government for examination; Where there is no competent authority, it may be directly reported to the patent administration authority of the province, autonomous region or municipality directly under the Central Government for examination. If the examination consent is granted, the examination organ shall report it to the Patent Office of China for examination and approval.
An application for the establishment of a patent agency to handle foreign-related patent affairs shall be handled in accordance with the relevant provisions of the Patent Law of the People's Republic of China. A patent agency dealing with foreign-related patent affairs may, upon approval by the Patent Office of the People's Republic of China, handle domestic patent affairs.
Article 7 A patent agency shall be established as of the date of approval, carry out patent agency business according to law, enjoy civil rights and bear civil liabilities.
Article 8 Patent agencies shall undertake the following affairs:
(1) To provide consultation on patent matters;
(2) writing patent application documents on behalf of the patent application, handling patent applications; Matters relating to the request for substantive examination or reexamination;
(3) matters relating to the filing of an opposition and the request for the invalidation of the patent right;
(4) handling matters related to the right to apply for a patent, the transfer of the patent right and the licensing of the patent;
(5) Accepting employment and appointing patent agents as patent consultants;
(6) to handle other relevant affairs.
Article 9 When accepting entrustment and undertaking business, a patent agency shall have a written letter of entrustment with a named name of the entrustment, indicating the entrustment matters and the authority of entrustment.
A patent agency may, when necessary, appoint a patent agent designated by the client to undertake the agency business. Upon acceptance of entrustment, a patent agency may charge fees in accordance with the relevant provisions of the State.
Article 10 After accepting the entrustment, a patent agency shall not accept any entrustment from any other interested client for the same patent matters.
Article 11 A patent agency shall appoint a person with a Certificate of Qualification as a patent agent as a patent agent. The appointed patent agent shall go through the appointment formalities, and the patent agency shall issue a Patent Agent Work Certificate and file it with the Patent Office of China for the record. The patent agency may issue the Patent Agent Work Certificate only after the person engaged in patent agency work for the first time has completed one year of internship. The patent agency shall, in respect of the patent agent who has terminated the appointment relationship, promptly withdraw his/her Patent Agent Work Certificate and report it to the Patent Office of China for the record.
Article 12 Where a patent agency changes its name, address or person in charge, it shall submit the change to the Patent Office of China for registration, and the change shall not take effect until it has been approved for registration.
Where a patent agency ceases business, it shall, after properly handling all pending matters, report to the original examining authority, which shall then report to the Patent Office of China for the relevant formalities.
Article 13 Where, due to changes in circumstances, an approved patent agency no longer meets the conditions provided for in Article 4 of these Regulations and fails to meet these conditions within one year, the patent administration authority that originally examined it shall propose to the Patent Office of China to revoke the patent agency.
Chapter III Patent Agents
Article 14 The term "patent agent" as mentioned in these Regulations refers to the personnel who have obtained the Patent Agent Qualification Certificate and hold the Patent Agent Work Certificate.
Article 15 Chinese citizens who support the Constitution of the People's Republic of China and meet the following conditions may apply for the qualification of patent agent:
(1) at least 18 years of age and having full capacity for civil conduct;
(2) Graduate from an institution of higher learning majoring in science or engineering (or equivalent) and master a foreign language;
(3) Be familiar with the patent Law and relevant legal knowledge;
(4) Having engaged in scientific and technological work or legal work for more than two years.
Article 16 Where any person who applies for the qualification as a patent agent has passed the examination by the Patent Agent Examination Committee upon his application, the Patent Office of China shall issue a Certificate of Qualification for Patent Agents.
The Examination Committee for patent agents shall be composed of the relevant personnel of the Patent Office of the People's Republic of China, the relevant departments under The State Council and the organizations of patent agents.
Article 17 A patent agent must undertake the work of patent agency assigned by a patent agency, and may not accept such assignment on his own.
Article 18 Patent agents shall not engage in patent agency business in two or more patent agency offices at the same time.
Before a patent agent is transferred from a patent agency, he or she must properly handle pending patent agency cases.
Article 19 Where a Patent agent Qualification Certificate has been obtained and has not engaged in patent agency business or patent administration within five years, his Patent Agent Qualification Certificate shall automatically become invalid.
Article 20 A patent agent may not apply for a patent while he is engaged in patent agency business or within one year after he leaves the patent agency business.
Article 21 Patent agents engaged in patent agency business according to law shall be protected by the laws of the State and shall not be subject to interference by any unit or individual.
Article 22 No functionary of a state organ shall be granted part-time employment by a patent agency to engage in patent agency work.
Article 23 A patent agent shall be responsible for keeping confidential the contents of an invention-creation known to him in the course of his agency business, except where the patent application has been published or announced.
Chapter IV Punishment rules
Article 24 Where a patent agency falls under any of the following circumstances, the competent department at a higher level or the patent administration authority of a province, autonomous region or municipality directly under the Central Government may give it a warning and punishment; If the circumstances are serious, the Chinese Patent Office shall punish the revocation institution:
(1) concealing the true situation and practicing fraud when applying for approval;
(2) Arbitrarily changing major registered items;
(3) accepting authorization to undertake patent agency business without examination and approval, or exceeding the scope of approved patent agency business;
(4) engaging in other illegal business activities.
Article 25 Where a patent agent commits any of the following acts and the circumstances are minor, the patent agency to which he belongs shall give him criticism and education. If the circumstances are serious, the patent agency to which the patent agent belongs may terminate the relationship of appointment and withdraw the Patent Agent Work Certificate; The patent administration authority of the province, autonomous region or municipality directly under the Central Government shall give it a warning or the Chinese Patent Office shall give it a penalty of revocation of the Patent Agent Qualification Certificate:
(1) failing to perform his duties or being incompetent so as to damage the interests of the client;
(2) disclosing or plagiarizing the invention-creation content of the client;
(3) exceeding the authority of agency and harming the interests of the principal;
(4) accepting entrustment, undertaking patent agency business without authorization, and charging fees.
Where the acts mentioned in the preceding paragraph cause economic losses to the client, the patent agency may, after assuming the liability for economic compensation, seek compensation from the patent agent in a certain proportion.
Article 26 Where a penalized patent agency is dissatisfied with the decision of the Patent Office of the People's Republic of China to revoke its organization or a penalized patent agent is dissatisfied with the decision of revocation of its Patent agent Qualification Certificate, it may apply to the Patent Office of the People's Republic of China for reconsideration. If it is dissatisfied with the decision of reconsideration, it may bring a suit before the People's court within 15 days of receipt of the reconsideration decision.
Chapter V Supplementary provisions
Article 27 The Chinese Patent Office shall be responsible for the interpretation of these Regulations.
Article 28 These Regulations shall come into force as of April 1, 1991. The Provisional Provisions on Patent Agency approved by The State Council on September 4, 1985 and issued by the Chinese Patent Office on September 12, 1985 shall be repealed simultaneously.