Article 4 The establishment of a patent agency must meet the following conditions:
(1) Having its own name, articles of association and fixed office space;
(2) Having necessary funds and working facilities;
(3) Being financially independent and able to bear civil liabilities independently;
(four) there are more than three full-time personnel with the qualification of patent agents and * * * personnel with the qualification of patent agents according to the proportion stipulated by the Patent Office of China. A law firm offering patent agency business must have full-time staff as specified in Item (4) of the preceding paragraph.
Article 5 To apply for the establishment of a patent agency to the patent administration organ, the following documents shall be submitted:
(a) an application for the establishment of a patent agency, and specify the name of the patent agency, office space and the name of the person in charge;
Articles of association of the patent agency;
(3) the name and qualification certificate of the patent agent;
(four) written proof of the funds and facilities of the patent agency.
According to the Measures for the Administration of Patent Agents
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 the necessary funds. The capital for establishing a partnership patent agency shall not be less than RMB 50,000; The capital for establishing a limited liability patent agency shall not be less than RMB 654.38+10,000;
(5) 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) capital verification certificate;
(4) A copy of the patent agent's qualification certificate and identity card;
(five) a copy of the resume and personnel file custody certificate and retirement certificate;
(six) proof of office space and working facilities;
(7) Other necessary documents.
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;
(four) a copy of the practice license of the law firm and proof of funds;
(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.
When applying for the establishment of a patent agency, the above certification materials shall be submitted. .................................................................................................................................................................. & gt
Question 2: How to apply for a patent? How much does it cost to apply for the landlord? Application process of invention patent: firstly, make sure that your product/method is not within the application scope of invention patent; Secondly, you need to prepare relevant application materials and fees; Finally, understand the patent application process and find a reputable patent application agency to help you apply for a patent. It is unrealistic to apply for a patent for invention without an agency. ) is divided into three stages (without * * * once). The first stage is to pay the formal application fee and agency fee (you don't need to submit the application documents yourself through an agency). The application fee for individual application is 75 yuan, and the company applies for 500 yuan. Agency fees vary from place to place. My company's is 5000 yuan. The second stage is to pay the registration fee and the actual examination fee. The registration fee is 205 yuan for both individuals and companies. The actual audit fee, the company applied for 2500 yuan; Individual application is 375 yuan. The third stage is to pay the annual fee 1-3 years, 4-5 years, 6-8 years, 9- 10 years, and each stage is different. For example, in the first three years after authorization, the annual fee for an individual to apply for a patent is 135 yuan, and the company is 900 yuan. As for what you said, "I want to apply for 7-9 years", it is very simple. Why don't you use this patent for 8 years? In the eighth year, you don't have to pay the annual patent fee, and that patent will automatically expire. Note: Individuals apply for 85% reduction; The annual fee is paid year by year; There are many specific details, so I won't say them here. If you have any questions, you can add this QQ number for consultation. I hope my answer can solve your problem and help you. Have a happy day!
Question 3: Can I apply for a patent online? How come? 1. The user code of electronic application is the only sign to distinguish the applicant, and the process of obtaining the user code of electronic application is called applicant registration. When an applicant or agency wishes to apply for a patent online, it should first submit an application for using the electronic application system to the Patent Office. According to the agreement reached by both parties, the user code and password (password) are issued by the Patent Office, which is called electronic application for registration. At this stage, you can only apply for electronic registration in the patent office.
2. The applicant or agency carries valid certificates, manually fills in and signs the Application Form for User Code of Electronic Patent Application System and the User Registration Agreement of Electronic Patent Application System. Signature of natural person, official seal of unit or company. Facing China National Intellectual Property Administration and China National Intellectual Property Administration, after reviewing the above information, the user code of the electronic application is distributed to users.
3. The electronic application user carries the personal ID card or the original and photocopy of the ID card to the individual; The electronic application user carries the unit introduction letter and organization code certificate of the institution; The electronic application user is an enterprise and carries a copy of the business license stamped with the official seal of the enterprise. The electronic application user is a patent agency and carries a copy of the registration certificate stamped with the official seal of the patent agency.
4. When an individual from other places applies for electronic registration, if it is inconvenient to come to Beijing, he may entrust others to go through the electronic registration procedures in Beijing. However, the client must bring the Power of Attorney for Electronic Application for Registration signed by the registrant, the registrant's ID card or the original ID card, the registration application form and registration agreement signed by the registrant, and the original ID card of the client.
5. After obtaining the user code and password of the electronic application, the applicant can use the user code and password to log on to the electronic application website and download the software to obtain the client software of the electronic application.
6. In the case that the applicant has filed an electronic patent application and it has been formally accepted, if the Patent Law and its implementing rules and examination guidelines stipulate that some documents must be submitted in the original form (paper form or other tangible carrier form), the applicant shall submit the electronic scanning/image text of the original to China National Intellectual Property Administration through the electronic patent application system, and the applicant shall also submit the original. The applicant shall submit the original and the electronic scanning/image text of the original within the prescribed or designated time limit. Such as patent power of attorney, fee waiver certificate, etc.
Question 4: How do individuals apply for patents? How an individual applies for a patent (such as a non-service inventor or business representative) needs to do the following work. 1, subject. Ordinary individuals who apply for a patent in China can apply for it themselves or entrust a patent agency to handle it. If it is a special individual, a patent agency must be entrusted. Special individuals include: ① foreigners who have no habitual residence or business office in China; ② China people who have lived or worked abroad for a long time; 3. Hong Kong, Macao and Taiwan compatriots. Chinese individuals who apply to foreign countries for patents for inventions and creations completed in China shall first apply to the patent administration department of the State Council, or they may entrust a patent agency to handle them, but they cannot apply by themselves. 2. Object. Inventions include inventions, utility models and designs. It is necessary to determine the type before applying. Different types of applications have different conditions, fees, rights to be protected and economic benefits. Applicants should choose according to their own situation. The protection period of the invention is 20 years, and the protection period of the utility model and design is 10 years, counting from the date of application. 3. Procedures. Invention patents are subject to preliminary examination and substantive examination, and utility models and designs are authorized to be announced only after preliminary examination. (1) A patent for invention shall submit a request, specification, abstract of specification and claim, and the specification shall be attached when necessary. (2) The utility model needs to submit the request, the patent claim, the specification, the appended drawings of the specification, the abstract of the specification and the appended drawings of the abstract. (3) A patent for design shall submit a request, a design picture or a photograph. The patent for utility model and design takes about 8- 12 months. After the formal examination and approval, the authorization notice will be issued and the license will be obtained. After paying the license fee, you can get the patent certificate in about 2-3 months. The specific time depends on the speed of the examiner's examination, the degree of detail of the applicant's public information and the provision of drawings. Applicants should make full preparations before applying. (1) Learn about relevant laws and regulations in detail and be familiar with all application processes. (2) Understand the existing level in the technical field, search domestic and foreign patents, and analyze the feasibility of your invention. (3) do a good job of confidentiality. Costs have slowed down. The patent fees allowed to be reduced or exempted include five items: application fee, maintenance fee for invention patent application, substantive examination fee for invention patent, reexamination fee and annual patent fee for three years after authorization. If the applicant entrusts Hangcheng Patent Office, we will provide related services such as fee reduction and exemption.
Question 5: How to apply for a patent? What should I pay attention to when submitting a patent? Yuyang Intellectual Property will answer your questions: Patent applications include invention patents, utility model patents and appearance patents.
Patent application process and matters needing attention:
Application process: preparation of materials-submission of application to the Patent Office-preliminary examination-publication of application announcement-submission of written substantive examination-substantive examination-authorization notice-registration-granting of patent right.
Precautions:
The application for utility model patent and appearance patent is relatively simple, while the application for invention patent is relatively complicated. The preparation of materials for various patent applications is also different. It is suggested that the patent application be entrusted to an agency.
Question 6: R&D products need to be patented-what is the process of registering a company? 50: 1. It takes more than 1 year for a patent from application to patent authorization. As long as the applicant company has the conditions, it will take ten or twenty days. I don't think you know anything about this question, so I hope you can understand that applying for a patent is complicated and professional, and there are patent applications, specifications, claims and summaries of specifications in special formats.
Question 7: How much does it cost to apply for a patent? Annual fee for patent application: (1) utility model 1. Application fee: 500 yuan. 2. Patent registration and stamp duty: 205 yuan in total. 3. Annual fee: 600 yuan 1-3 years, 900 yuan, 4-5 years, 6-8 years 1.200 yuan, 9- 10, 2000 yuan. (2) Invention patent: 1. Application fee: 900 yuan, printing fee: 50 yuan. 2. Patent registration, printing and printing expenses: 205 yuan in total. 3. Substantive examination fee: 2,500 yuan. 4. Annual fee: 900 yuan 1-3 years, 4-6 years 1200 yuan, 7-9 years 2000 yuan,10/2 years 4000 yuan, 13 years 60000 yuan. (3) The appearance patent refers to the utility model patent. If it is an individual application, the application fee and the annual fee for the first three years are reduced by 85%; The company applied for a 75% slowdown.
Question 8: What is the company's patent application process? Hello, this is our company's patent application materials for customers, which are very detailed and clear ~ ~
It is prepared for the company applying for a patent for the first time, including the application fee, process, required time, matters needing attention in patent application, list of materials required for patent application, etc.
I hope I can help you. If you don't understand, you can leave a message. I started an intellectual property agency myself, where we can discuss problems with each other.
Hope to adopt, thank you? ~~
Question 9: How to apply for a patent online? You mean electronic applications, right? Please refer to:
I. Concept definition
Electronic application: a patent application submitted in the form of an electronic document through the Internet, referred to as an electronic patent application for short.
Digital certificate: A digital certificate is a digital ID card issued by the Patent Office for applicants and agencies. It is used for identity authentication in communication, ensuring the confidentiality, validity, integrity and non-repudiation of transmitted information. Digital certificate consists of two parts: private key file and certificate file. The private key file is kept by the certificate holder, and the certificate file can be made public. The private key file represents the identity of the certificate holder and is used for digital signature; The certificate file is signed and verified by the information receiver.
Certificate request: a request file for a user to apply for a digital certificate, which is generated by CA client software.
Case file: * * A document submitted at one time in a patent application.
Second, the system introduction
Electronic application system is an electronic patent application platform provided by China National Intellectual Property Administration Patent Office, including local platform software and client software. Local platform software includes electronic file receiving and sending platform and information publishing platform; Client software includes electronic editors, client applications, browsers, etc.
2. 1 electronic editor (CPWord)
The electronic editor is a tool for making request documents. It helps users to make request files, and at the same time, it carries out auxiliary audit (the validity audit of file structure and content), and finally generates XML files that meet the standards.
The electronic editor works offline.
2.2 customer applications
Client application is the main tool for data exchange between users and patent office, which is used for file generation, submission and notification download.
In order to ensure information security, client applications need to use digital certificates when exchanging data with local offices.
Customers apply to work offline most of the time to complete information management, and only go online when exchanging data with local offices.
2.3 CA client
CA client generates private key files and certificate requests for users, and manages the passwords of private key files.
CA client software is used once when applying for a digital certificate, and it is only used in the following situations after obtaining a digital certificate:
Modify the password of the private key file;
Revoke the existing digital certificate and reapply.
2.4 browser
Browser is also a common client software for electronic applications. Users can enjoy the services provided by the electronic application publishing website (cponline.gov) after logging in.
2.5 Information publishing platform
The website is cponline.gov, which provides users with information inquiry, software download, certificate operation and other services. Information publishing platform is referred to as publishing website for short.
2.6 sending and receiving platform
The transceiving platform provides users with information exchange services of files and notifications, and is the information exchange object of client application software.
Third, the application guide
The following is the basic operation method of electronic patent application. Please refer to the respective user manuals for a detailed description of each software.
3. 1 Preparation before application
The following operations are the preparations before the user formally submits the application.
3. 1. 1. User registration
Users include applicants and agencies. Registration is a necessary preparation for users before using electronic applications. The purpose of registration is to obtain the user code and password, so as to obtain the right to use the electronic application system.
The user code is the unique identification of the user identity. Used to fill in data items such as "Applicant Code" and "Institution Code" in the request file, and fill in "User Code" when generating a certificate request, so as to identify the identity when logging in to the publishing website.
3. 1.2. Download and install the software.
After obtaining the user code and password, users can log on to the publishing website and enjoy all the services provided by the publishing website, including software download.
After downloading, execute the installation program and follow the prompts ... >>
Question 10: What are the requirements for patent application? 1. Types of patent applications There are three types of patent applications: invention, utility model and design. You may apply for a patent for invention for a new technical scheme proposed for a product, method or improvement; You can apply for a patent for utility model for a new technical scheme that is suitable for practical use according to the shape, structure or combination of products; A new design that is aesthetically pleasing and suitable for industrial application is made according to the shape, pattern or combination of them, and the combination of color and shape and pattern, and can apply for a patent for design. To apply for a patent for invention, the application documents shall include: the request for a patent for invention, the specification (with attached drawings when necessary), the patent claim, the abstract and the attached drawings in duplicate. For an application for a patent for invention involving amino acids or nucleotide sequences, the specification shall include a sequence list, which shall be submitted as a separate part of the specification, and at the same time, a CD or floppy disk containing the sequence list that meets the requirements of China National Intellectual Property Administration shall be submitted. To apply for a patent for utility model, the application documents shall include: the request for a patent for utility model, the specification, the drawings of the specification, the claims, the abstract and the drawings in duplicate. To apply for a patent for design, the application documents shall include: a request for a patent for design, pictures or photographs in duplicate. Where color protection is required, a color and a black-and-white picture or photograph shall also be submitted. If pictures are submitted, two copies shall be pictures; If photos are submitted, two copies are photos, and pictures or photos shall not be mixed. If it is necessary to explain the pictures or photographs, a brief description of the design shall be submitted in duplicate. 3. When applying for a patent, the applicant shall directly submit or mail the application documents to the China National Intellectual Property Administration Patent Office (hereinafter referred to as the Patent Office Reception Office), or submit or mail them to the patent agency established in China National Intellectual Property Administration. At present, China National Intellectual Property Administration patent agencies have been established in Beijing, Shenyang, Jinan, Changsha, Chengdu, Nanjing, Shanghai, Guangzhou, Xi, Wuhan, Zhengzhou, Tianjin, Shijiazhuang, Harbin and Changchun. The national defense patent branch specializes in accepting national defense patent applications. To apply for a patent, the necessary application documents shall be submitted and the fees shall be paid in accordance with the regulations. Patent applications must be handled in written form or electronic application form. Written application documents cannot be replaced or omitted by oral explanation or providing samples or models. In the patent examination and approval procedure, only written documents have legal effect. All formalities should be signed according to regulations, and the signature should be exactly the same as the name filled in the request. The signature shall not be copied. The procedures involving the transfer of rights shall be signed by all applicants, and other procedures may be signed by the representatives of the applicants. Where a patent agency is entrusted, it shall be signed by the patent agency. If supporting documents or attachments are required, the supporting documents and attachments shall be originals or photocopies, and photocopies shall not be used. If there is only one original, you can use a copy, but at the same time you need to attach a certificate that the copy issued by the notary office is consistent with the original. The application documents for a patent for invention or utility model shall be arranged in the following order: request, abstract of specification, appended drawings of abstract, patent claim, specification, appended drawings of specification and other documents. The application documents for a patent for design shall be arranged in the order of the request, the picture or photograph and a brief explanation. All parts of the application documents shall be numbered with * * * respectively.