Patent agency is mainly a civil legal act to apply for a patent to the patent office or other patent offices in the name of the client within the scope of authorization. Including the business that patent agencies mainly engage in and the business that patent agents mainly engage in. Patent agency refers to a civil legal act in which a patent applicant (or patentee) entrusts a person with the qualification of patent agent to work in a patent agency officially authorized by the Patent Office within the scope of authorization in accordance with the provisions of the Patent Law in the process of applying for a patent, licensing a patent or resolving a patent dispute. Patent agency also includes that the patent agent accepts the entrustment of the claimant for invalidation of the patent right, and the reexamination board, as the entrusted agent, handles matters related to the request for invalidation of the patent right in the name of the client within the entrusted authority.
Legal basis:
Regulations of People's Republic of China (PRC) Municipality on Patent Agency
Article 2 Patent agency as mentioned in these Regulations refers to the acts of patent agencies accepting entrustment, handling patent applications and declaring patent rights invalid in the name of the principal within the scope of agency authority.
Article 3 Any unit or individual may apply for a patent and handle other patent affairs in China by itself or by entrusting a patent agency established according to law, except as otherwise provided by law.
Patent agencies shall accept the entrustment of clients to handle patent affairs.
Derivative problem:
What are the requirements for establishing a patent agency?
To apply for a practice license, a patent agency in the form of a partnership enterprise shall meet the following conditions: (1) Having a patent agency name that complies with laws and administrative regulations; There is a written partnership agreement; Having an independent business place; There are more than two partners; The partner has a patent agent qualification certificate and has more than two years of patent agent practice experience. To apply for a practice license, a patent agency in the form of a limited liability company shall meet the following conditions: (1) Having a patent agency name that meets the requirements of laws and administrative regulations; Having written articles of association; Having an independent business place; There are more than five shareholders; More than four fifths of the shareholders and legal representatives of the company have patent agent qualification certificates and have more than two years of patent agent practice experience.