The All-China Patent Agents Association shall organize and guide patent agencies and patent agents to standardize the implementation of the Patent Law, the Regulations on Patent Agents and these Measures, standardize their practice, strictly enforce industry self-discipline, and continuously improve the service level of the industry. Chapter II Establishment, alteration, closure and revocation of patent agencies and their offices Article 3 The organizational form of patent agencies is a partnership patent agency or a limited liability patent agency.
A partnership patent agency shall be initiated by more than three partners and a limited liability patent agency shall be initiated by more than five shareholders.
The partners of a partnership patent agency shall bear unlimited joint liability for the debts of the patent agency; Patent agencies with limited liability system shall be liable for their debts with all their assets. Article 4 The establishment of a patent agency shall meet the following conditions:
(a) the name of the institution that meets the provisions of Article 7 of these Measures;
(2) Having a partnership agreement or articles of association;
(3) Having partners or shareholders who meet the requirements of Articles 5 and 6 of these Measures;
(4) Having a fixed office space and necessary working facilities.
Where a law firm applies for patent agency business, there shall be more than three full-time lawyers with patent agent qualifications practicing in the law firm. Article 5 A partner or shareholder of a patent agency shall meet the following conditions:
(1) Having the qualification of patent agent;
(2) Having more than 2 years' experience in patent agency practice;
(3) Being able to engage in full-time patent agency business;
(four) the age of applying for the establishment of a patent agency is not more than 65 years old;
(5) Good conduct. Article 6 No one may become a partner or shareholder of a patent agency under any of the following circumstances:
(a) does not have full capacity for civil conduct;
(two) working in state organs or enterprises and institutions, has not yet officially gone through the formalities of resignation, dismissal or retirement;
(3) Having been a partner or shareholder of other patent agencies for less than 2 years;
(4) Having been punished by informed criticism as stipulated in Article 5 of the Rules for Punishment of Patent Agents (Trial) or having his practice certificate revoked for less than 3 years;
(5) Being subject to criminal punishment (except negligent crime). Article 7 A patent agency can only enjoy and use one name.
The name of a patent agency shall consist of the name of the city where the agency is located, the trademark name, the patent agency, the patent agency co., ltd. or the intellectual property agency or the intellectual property agency co., ltd. Its name shall not be the same as or similar to the name of the patent agency that is in use or has been used nationwide.
A law firm that undertakes patent agency business may use the name of the law firm. Article 8 To establish a patent agency, the following application materials shall be submitted:
(a) the application form for the establishment of a patent agency;
(2) the partnership agreement or articles of association of the patent agency;
(3) A copy of the patent agent's qualification certificate and ID card;
(four) a copy of the resume and personnel file custody certificate and retirement certificate;
(five) proof of office space and working facilities;
(6) Other necessary certification materials.
A law firm applying for patent agency business shall submit the following application materials:
(1) An application form for starting patent agency business;
(2) An official letter issued by the judicial administrative organ in charge of the law firm agreeing to start the patent agency business;
(3) the partnership agreement or articles of association of the law firm;
(4) A copy of the practice license of the law firm;
(5) A copy of the lawyer's practice certificate, patent agent's qualification certificate and identity card of the patent agent;
(six) proof of office space and working facilities;
(7) Other necessary documents.
The above certification materials shall be the certification materials issued within 6 months before applying for the establishment of a patent agency or starting the patent agency business. Article 9 The examination and approval procedures for establishing a patent agency are as follows:
(1) To apply for the establishment of a patent agency, an application shall be submitted to the local intellectual property office of the province, autonomous region or municipality directly under the Central Government. Upon examination, if the intellectual property offices of provinces, autonomous regions and municipalities directly under the Central Government consider that they meet the requirements stipulated in these Measures, they shall report to China National Intellectual Property Administration for approval within 30 days from the date of accepting the application; Those who think that they do not meet the requirements stipulated in these Measures shall notify the applicant in writing within 30 days from the date of receiving the application.
(2) China National Intellectual Property Administration shall, within 30 days from the date of receiving the submitted materials, make an approval decision on the application that meets the conditions stipulated in these Measures, notify the intellectual property offices of provinces, autonomous regions and municipalities directly under the Central Government, and issue the registration certificate and organization code of patent agency to the newly established institutions; For an application that does not meet the requirements stipulated in these Measures, the intellectual property offices of provinces, autonomous regions and municipalities directly under the Central Government shall be notified to conduct a review within 30 days from the date of receiving the submitted materials.
The law firm applying for patent agency business shall conduct examination and approval with reference to the above provisions.