Patent agencies include:
(1) Patent agencies handling foreign-related patent affairs;
(2) Patent agencies that handle domestic patent affairs;
(3) Law firms that handle 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 space;
(2) Having necessary funds and working facilities;
(3) Being financially independent and able to bear civil liabilities independently;
(4) Having more than three full-time personnel with patent agent qualifications and part-time personnel with patent agent qualifications in accordance with the proportion stipulated by the Patent Office of China.
A law firm offering patent agency business must have full-time staff as specified in Item (4) of the preceding paragraph. Article 5 To apply for the establishment of a patent agency to the patent administration organ, the following documents shall be submitted:
(a) an application for the establishment of a patent agency, and specify the name of the patent agency, office space and the name of the person in charge;
Articles of association of the patent agency;
(3) the name and qualification certificate of the patent agent;
(four) 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 a patent agency business, it shall be submitted to the patent administration authorities of provinces, autonomous regions and municipalities directly under the Central Government for examination after obtaining the consent of the competent department; If there is no competent authority, it can be directly reported to the patent administration authorities of provinces, autonomous regions and municipalities directly under the Central Government for examination. If it passes the examination, the examination organ shall report it to the Chinese Patent Office for examination and approval.
The application for establishing a patent agency to handle foreign-related patent affairs shall be handled in accordance with the relevant provisions of the Patent Law of People's Republic of China (PRC). With the approval of China Patent Office, patent agencies handling foreign-related patent affairs can 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 A patent agency shall undertake the following affairs:
(1) Providing consultation on patent affairs;
(2) Writing patent application documents and handling patent applications; Matters related to substantive examination or review request;
(3) Matters related to raising objections and requesting 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 patent exploitation;
(5) Accepting the employment and appointing a patent agent as a patent consultant;
(6) Handling other related affairs. Article 9 When a patent agency accepts entrustment and undertakes business, it shall have a written power of attorney entrusted by the client, which shall specify the entrusted matters and the entrusted authority.
A patent agency may, if necessary, entrust a patent agent designated by the client to undertake agency business.
Patent agencies can charge fees in accordance with the relevant provisions of the state when accepting entrustment and undertaking business. Article 10 After accepting the entrustment, a patent agency shall not accept the entrustment of other interested parties for patent affairs with the same content. Article 11 A patent agency shall employ persons with patent agent qualification certificates as patent agents. The appointed patent agent shall go through the appointment formalities, and the patent agency shall issue a patent agent's work permit and file it with the Chinese Patent Office.
A patent agency may issue a patent agent's work permit to those who engage in patent agency work for the first time after one year's internship.
The patent agency shall promptly recover the patent agent's work permit and report it to the Chinese Patent Office for the record. Article 12 Where a patent agency changes its name, address and person in charge, it shall register the change with the Chinese Patent Office. Changes shall take effect after approval and registration.
When a patent agency suspends its business, it shall, after properly handling all outstanding matters, report to the original examination organ, which shall report to the Chinese Patent Office for relevant procedures. Article 13 If an approved patent agency no longer meets the conditions stipulated in Article 4 of these Regulations due to changes in circumstances, and still fails to meet these conditions within one year, the patent administration authority that originally examined it shall recommend the Chinese Patent Office to cancel the patent agency. Chapter III Patent Agents Article 14 Patent agents mentioned in these Regulations refer to persons who have obtained patent agent qualification certificates and hold patent agent work permits. Fifteenth China citizens who support the Constitution of People's Republic of China (PRC) and meet the following conditions may apply for the qualification of patent agent:
(a) eighteen years of age or older, with full capacity for civil conduct;
(2) graduated from an institution of higher learning with a major in science and engineering (or equivalent) and mastered a foreign language;
(three) familiar with the patent law and related legal knowledge;
(four) engaged in scientific and technical work or legal work for more than two years.