Article 17 A patent agent must undertake the patent agency work assigned by the patent agency, and may not accept the entrustment by himself.
Measures for the administration of patent agency
Article 18 A patent agent shall be entrusted by an approved patent agency and hold a patent agent's practice certificate.
Article 28 A person who does not hold a patent agent's practice license may not engage in patent agency business in the name of a patent agent for the purpose of obtaining economic benefits.
Article 29 When undertaking patent agency business, a patent agent shall accept the entrustment in the name of the patent agency to which it belongs, conclude a written entrustment contract with the client, collect fees uniformly and record them truthfully. A patent agent may not accept the entrustment to handle patent agency business without permission and collect fees.
According to the provisions of the appeal, it is not enough to have the qualification of agent. You must have a practicing certificate and cannot accept an agent in your own name.
According to Item 4, Paragraph 1, Article 25 of the Patent Agency Regulations, accepting entrustment without permission will revoke the qualification certificate.
Article 25 If a patent agent commits one of the following acts, if the circumstances are minor, the patent agency to which he belongs shall give him criticism and education. If the circumstances are serious, the employment relationship shall be terminated by the patent agency where it belongs, and the patent agent's work permit shall be withdrawn; The patent administration authorities of provinces, autonomous regions and municipalities directly under the Central Government shall give a warning or the Chinese Patent Office shall revoke the patent agent qualification certificate:
(1) Failing to perform duties or being incompetent, thereby harming the interests of the client;
(2) divulging or plagiarizing the contents of the invention and creation of the client;
(3) Exceeding the agency authority and harming the interests of the client;
(four) accept the entrustment, privately undertake the patent agency business, and collect fees.
If the acts mentioned in the preceding paragraph cause economic losses to the client, the patent agency may claim compensation from the patent agent according to a certain proportion after assuming the responsibility for economic compensation.