Article 11 A patent agency in the form of a limited liability company shall meet the following conditions when applying for a practice license:
(1) Having the name of a patent agency that complies with laws, administrative regulations and the provisions of Article 14 of these Measures;
(2) Having written articles of association;
(3) Having an independent business place;
(4) Having five or more shareholders;
(5) More than four fifths of the shareholders and the legal representative of the company have the patent agent qualification certificate and have more than two years of patent agent practice experience.
Extended data:
Article 14 of the Measures for the Administration of Patent Agencies can only use one name. Except for law firms, the names of patent agencies should contain the words "patent agency" or "intellectual property agency". The name of a branch of a patent agency consists of the full name of the patent agency, the name of the city or region where the branch is located, and "branch" or "branch".
The name of a patent agency shall not be the same as or similar to the name of a patent agency that is in use or has been used nationwide.
When applying for a practice license, a law firm may use its name.
Article 15 To apply for a patent agency license, an application form and the following application materials shall be submitted to China National Intellectual Property Administration through the patent agency management system:
(1) A patent agency in the form of a partnership enterprise shall submit a scanned copy of its business license, partnership agreement and partner's identity certificate;
(2) A patent agency in the form of a limited liability company shall submit a scanned copy of its business license, articles of association and identification documents of shareholders;
(3) The law firm shall submit the practice license of the law firm and the scanned identity documents of the partners and full-time lawyers who hold the qualification certificates of patent agents.
The applicant shall be responsible for the authenticity of the substantive contents of his application materials. When necessary, China National Intellectual Property Administration may require the applicant to provide the original for verification. Except as otherwise provided by laws, administrative regulations and the State Council decisions.
Article 16 If the application materials do not conform to the provisions of Article 15 of these Measures, China National Intellectual Property Administration shall inform the applicant of all the contents that need to be corrected within 5 days from the date of receiving the application materials. Failing to inform the application materials within the time limit, it shall be deemed to be accepted from the date of receiving the application materials; If the application materials are complete and conform to the statutory form, or the applicant submits all the corrected application materials as required, the application shall be accepted. Where an application is accepted or rejected, it shall notify the applicant in writing and explain the reasons.
China National Intellectual Property Administration shall, within ten days from the date of acceptance, examine and approve those who meet the prescribed conditions and issue a patent agency practice license to the applicant; Do not meet the prescribed conditions, shall not be approved, and notify the applicant in writing, explain the reasons.