Patent agencies shall accept the entrustment of clients to handle patent affairs. Article 4 Patent agencies and patent agents shall abide by laws and administrative regulations, abide by professional ethics and practice discipline, and safeguard the legitimate rights and interests of clients.
Patent agencies and patent agents practicing according to law are protected by law. Article 5 The patent administrative department of the State Council shall be responsible for the administration of patent agencies throughout the country.
The patent administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the patent agency work within their respective administrative areas. Article 6 Patent agencies and patent agents may establish and join patent agency trade organizations according to law.
Patent agency industry organizations shall formulate self-discipline norms for patent agency industry. The self-discipline norms of patent agency industry shall not conflict with laws and administrative regulations.
The patent administrative department of the State Council shall supervise and guide the patent agency industry organizations according to law. Chapter II Patent Agencies and Patent Agents Article 7 The organizational forms of patent agencies are partnerships, limited liability companies, etc. Article 8 A patent agency in the form of a partnership or a limited liability company shall meet the following conditions when engaging in patent agency business:
(1) Having the name of a patent agency that complies with the provisions of laws and administrative regulations;
(2) Having a written partnership agreement or articles of association;
(3) Having an independent business place;
(4) The partners and shareholders meet the relevant provisions of the state. Article 9 To engage in patent agency business, an application shall be filed with the patent administrative department of the State Council, and relevant materials shall be submitted to obtain a patent agency practice license. The patent administrative department of the State Council shall make a decision on whether to issue a patent agency practice license within 20 days from the date of accepting the application.
Where the partner, shareholder or legal representative of a patent agency changes, it shall go through the formalities of change. Tenth China citizens with college education in science and engineering in colleges and universities can take the national patent agent qualification examination; Those who pass the examination shall be awarded the patent agent qualification certificate by the patent administrative department of the State Council. Measures for the qualification examination of patent agents shall be formulated by the patent administrative department of the State Council. Article 11 A patent agent shall obtain a patent agent qualification certificate, have worked as an intern in a patent agency for 65,438+0 years, and work in a patent agency. Article 12 A patent agent practicing for the first time shall, within 30 days from the date of practicing, file with the patent administration department of the people's government of the province, autonomous region or municipality directly under the Central Government where the patent agency is located.
The departments in charge of patent work of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall provide convenience for patent agents to file through the Internet. Chapter III Patent Agency Practice Article 13 A patent agency may accept entrustment to act as an agent for patent applications, declare patent rights invalid, transfer patent application rights or patents, conclude patent licensing contracts and other patent affairs, and may also provide patent consultation at the request of the parties concerned. Article 14 When accepting entrustment, a patent agency shall sign a written entrustment contract with the client. After accepting the entrustment, a patent agency shall not accept the entrustment of other parties with conflicts of interest on the same patent application or patent right.
A patent agency shall entrust a patent agent practicing in the agency to undertake the patent agency business, and the entrusted patent agent himself and his close relatives shall not have conflicts of interest with the patent agency business undertaken by him. Article 15 Where a patent agency is dissolved or its practice license is revoked, it shall properly handle the outstanding patent agency business. Article 16 A patent agent shall engage in patent agency business according to the entrustment of a patent agency, and shall not accept the entrustment by himself.
A patent agent may not engage in patent agency business in more than two patent agencies at the same time.
Patent agents are responsible for the patent agency business handled by their signatures. Article 17 Patent agencies and patent agents shall have the obligation to keep confidential the contents of inventions and creations they have learned in their practice activities, unless the patent application has been published or announced. Article 18 Patent agencies and patent agents shall not apply for patents in their own names or request the invalidation of patent rights. Article 19 After leaving their posts, the staff of the patent administration department of the State Council and the patent administration department of the local people's government shall not engage in patent agency work within the time limit prescribed by laws and administrative regulations.
A patent agent working in the patent administration department of the State Council or the patent administration department of the local people's government shall not represent him in examining, hearing or handling patent applications or patent cases.