In the procedure of patent invalidation, can you directly entrust a patent agent instead of an agency?

Yes, but the agency authority is different. A citizen agent who directly entrusts an agent has limited authority to state his opinions in oral hearing and receive documents transmitted by the court. The entrusted agency may authorize all matters in the invalidation declaration.

Where a party entrusts a citizen as an agent, it shall be handled with reference to the provisions on entrusting a patent agency. The authority of citizen agency is limited to stating opinions in oral hearing and receiving documents transmitted by the court.

For the following matters, the agent needs to have a specially authorized power of attorney:

(1) The agent of the patentee acknowledges the claimant's request for invalidation on his behalf;

(2) The agent of the patentee modifies the claim on his behalf;

(iii) the settlement is made by an agent.

(4) The agent of the claimant withdraws the request for invalidation on his behalf.

Entrusted agency:

(1) If the claimant or patentee entrusts a patent agency in the invalidation procedure, it shall submit a power of attorney for the invalidation procedure, and the patentee shall specify in the power of attorney that the authorization is limited to handling the relevant affairs of the invalidation procedure.

In the invalidation procedure, even if the patentee has entrusted a full-time agent for his patent within the validity period of the patent right and continues to entrust the full-time agent, he shall also submit a power of attorney for the invalidation procedure.

(2) In the procedure of invalidation, if the petitioner entrusts a patent agency, or if the patentee entrusts a patent agency and the power of attorney states that the entrusted authority is limited to handling matters related to the procedure of invalidation, the formalities of entrustment or revocation or resignation of entrustment shall be handled in the Patent Reexamination Board, and there is no need to go through the formalities of changing the description items.

Where the claimant or patentee entrusts a patent agency but fails to submit a power of attorney to the Patent Reexamination Board or fails to specify a power of attorney, and the patentee fails to indicate in the power of attorney that the power of attorney is limited to handling matters related to the invalidation procedure, the Patent Reexamination Board shall notify the claimant or patentee to make corrections within a specified time limit; If no correction is made at the expiration of the period, it shall be deemed as not entrusted.