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;
(4) Having more than three full-time personnel with patent agent qualifications and part-time personnel with patent agent qualifications in accordance with 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.
The above certification materials shall be the certification materials issued within 6 months before applying for the establishment of a patent agency or starting the patent agency business.
Article 9 The examination and approval procedures for establishing a patent agency are as follows:
(1) To apply for the establishment of a patent agency, an application shall be submitted to the local intellectual property office of the province, autonomous region or municipality directly under the Central Government. Upon examination, if the intellectual property offices of provinces, autonomous regions and municipalities directly under the Central Government consider that they meet the requirements stipulated in these Measures, they shall report to China National Intellectual Property Administration for approval within 30 days from the date of accepting the application; Those who think that they do not meet the requirements stipulated in these Measures shall notify the applicant in writing within 30 days from the date of receiving the application.
(2) China National Intellectual Property Administration shall, within 30 days from the date of receiving the submitted materials, make an approval decision on the application that meets the conditions stipulated in these Measures, notify the intellectual property offices of provinces, autonomous regions and municipalities directly under the Central Government, and issue the registration certificate and organization code of patent agency to the newly established institutions; For an application that does not meet the requirements stipulated in these Measures, the intellectual property offices of provinces, autonomous regions and municipalities directly under the Central Government shall be notified to conduct a review within 30 days from the date of receiving the submitted materials.
The law firm applying for patent agency business shall conduct examination and approval with reference to the above provisions.