Article 2 Patent agency as mentioned in these Regulations refers to the act of a patent agency accepting entrustment to handle patent applications or other patent affairs in the name of the principal within the scope of agency authority.
Article 3 Patent agencies and patent agents shall abide by the law, professional ethics and practice discipline, and perform their duties according to law.
Patent agencies and patent agents practicing according to law are protected by law.
Article 4 The patent administrative department of the State Council is responsible for the management 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, in accordance with the provisions of these Regulations, be responsible for the administration of patent agencies within their respective administrative areas.
Article 5 The All-China Patent Agents Association is a social organization and self-regulatory organization in the patent agency industry. The patent administrative department of the State Council shall supervise and guide the All-China Patent Agents Association according to law.
The articles of association of the All-China Patent Agents Association shall be formulated by the National Congress and submitted to the patent administration department of the State Council for the record.
The All-China Patent Agents Association shall formulate the self-discipline norms of the patent agency industry according to law, and report them to the patent administrative department of the State Council for approval before implementation.
Patent agents and patent agencies shall join the All-China Patent Agents Association. Article 6 The patent agent mentioned in these Regulations refers to the person who holds the patent agent qualification certificate and the patent agent practice certificate.
Article 7 China citizens who support the Constitution of People's Republic of China (PRC) and meet the following conditions may apply to the patent administration department of the State Council for a patent agent qualification certificate:
(1) Good conduct;
(two) eighteen years of age or older, with full capacity for civil conduct;
(3) Having a bachelor degree or above in science and engineering in an institution of higher learning;
(4) Having passed the national patent agent qualification examination held by the patent administrative department of the State Council.
Article 8 China citizens who support the Constitution of People's Republic of China (PRC), have full capacity for civil conduct and meet the following conditions may apply to the patent administration department of the State Council for the issuance of a patent agent qualification certificate:
(1) Good conduct;
(2) Having a bachelor's degree or above in an institution of higher learning;
(three) engaged in patent examination and patent law research for more than ten years;
(4) Having a senior professional title or equivalent professional level.
The specific measures for the issuance of qualification certificates mentioned in the preceding paragraph shall be formulated by the patent administration department of the State Council.
Article 9 The patent administrative department of the State Council shall revoke the patent agent qualification certificate of a person who has obtained the patent agent qualification certificate under any of the following circumstances:
(a) by cheating or other improper means to sign up for the national patent agent qualification examination;
(two) serious cheating in the national patent agent qualification examination;
(three) other do not meet the application conditions.
Where the patent administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government finds that the person who has obtained the patent agent qualification certificate has one of the circumstances specified in the preceding paragraph, it shall request the patent administrative department of the State Council to revoke his patent agent qualification certificate.
Article 10 An applicant applying for a patent agent's practice license shall meet the following conditions:
(1) Good conduct;
(2) Having a patent agent qualification certificate;
(3) Having worked as an intern in a patent agency for one year after obtaining the patent agent qualification certificate;
(4) Signing labor contracts with patent agencies;
(five) the age at the time of application is not more than seventy years old.
Article 11 A patent agent's practice certificate shall not be issued under any of the following circumstances:
(1) Working in state organs, enterprises, institutions or other organizations;
(2) Having received criminal punishment for intentional crime;
(3) Being expelled from public office;
(four) shall not engage in patent agency business in accordance with the provisions of relevant laws and administrative regulations.
Article 12 To apply for a patent agent's practice license, an application for practice and relevant certification materials shall be submitted to the All-China Patent Agents Association.
After examining the application, the All-China Patent Agents Association shall, if it meets the requirements of these Regulations, issue a patent agent's practice certificate within 20 days from the date of receiving the application; If it does not meet the requirements of these regulations, it shall notify the applicant in writing within 20 days from the date of receiving the application, and explain the reasons.
Article 13 The All-China Patent Agents Association shall report the list of persons who have obtained the practice license to the patent administrative department of the State Council for the record. The patent administrative department of the State Council shall notify the All-China Patent Agents Association to revoke the issuance of the practice license if it finds that it does not conform to the provisions of these Regulations.
If there is any objection to whether the All-China Patent Agents Association will not issue or revoke the practice license of patent agents, it may file a complaint with the patent administrative department of the State Council within 15 days from the date of receiving the notice.
Article 14 Where a patent agent leaves a patent agency, he shall go through the business handover procedures, and go through the practice license cancellation procedures at the All-China Patent Agents Association within 10 days after the completion of the handover.
Article 15 After a patent agent obtains a practice license, his practice license shall be revoked by the All-China Patent Agents Association in any of the following circumstances:
(1) establishing labor relations or personnel relations with units other than the patent agency in which it practices;
(2) Having lost or partially lost the capacity for civil conduct;
(3) Having received criminal punishment for intentional crime;
(4) The qualification certificate of patent agent is revoked or revoked;
(five) shall not engage in patent agency business in accordance with the provisions of relevant laws and administrative regulations.
Article 16 The All-China Patent Agents Association shall promptly announce to the public the information of persons who have obtained, cancelled or revoked the practice license of patent agents. Article 17 Patent agencies are divided into general partnerships, special general partnerships or limited liability companies.
If the patent agency is a partnership, it shall have more than three partners; If the patent agency is a limited liability company, it shall have more than five shareholders.
Article 18 The establishment of a patent agency shall meet the following conditions:
(1) Having a partnership agreement or articles of association;
(2) Having an independent business place;
(3) Having assets suitable for its business activities;
(four) there are partners or shareholders who meet the conditions stipulated in these regulations;
(5) financial independence.
Article 19 A partner or shareholder of a patent agency shall meet the following conditions:
(1) Good conduct;
(2) Holding a patent agent qualification certificate;
(3) Having more than two years' experience as a patent agent;
(4) Being able to engage in full-time patent agency business.
The legal representative of a patent agency shall be a shareholder.
Article 20 An applicant may not apply to become a partner or shareholder of a patent agency under any of the following circumstances:
(a) does not have full capacity for civil conduct;
(2) Having reached the age of 65 when applying to become a partner or shareholder;
(3) Being punished by warning or above within three years before applying to become a partner or shareholder;
(4) Failing to pass the annual inspection within three years before applying to become a partner or shareholder.
A person who has been a partner or shareholder of a patent agency for less than two years may not apply to become a partner or shareholder of other patent agencies.
Article 21 To apply for the establishment of a patent agency, the following application materials shall be submitted:
(a) an application for the establishment of a patent agency;
(2) Partnership agreement or articles of association;
(3) A copy of the patent agent qualification certificate and identity certificate of the partner or shareholder;
(4) Resumes of partners or shareholders and certificates of keeping personnel files;
(5) Proof of capital contribution, description of business premises and working facilities;
(six) the certificate of termination of labor relations between the partner or shareholder and the original patent agency;
(7) Other necessary documents.
Article 22 Anyone who applies for the establishment of a patent agency shall apply to the administrative department for patent affairs of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Where the application materials are incomplete or do not conform to the statutory form, the administrative department for patent affairs of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall inform the applicant of all the contents that need to be corrected within five days from the date of receiving the application materials. Failing to inform the application materials within the time limit, it shall be accepted from the date of receiving the application materials.
Article 23 The administrative departments for patent affairs of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall conduct an examination within 20 days from the date of accepting the application, and submit the examination opinions and all application materials to the patent administration department of the State Council.
The patent administrative department of the State Council shall, within 20 days from the date of receipt of the submitted materials, make a review and make a decision on whether to approve the establishment. If the establishment is approved, a patent agency practice license shall be issued to the applicant; If the establishment is not approved, the applicant shall be notified in writing and the reasons shall be explained.
If it is difficult for the patent administrative department in the State Council to make a decision within 20 days due to the verification of the substantive contents of the application materials, it may extend 10 days with the approval of the person in charge of the department, and inform the applicant of the reasons for extending the time limit.
Article 24 After receiving the Practice License for Patent Agency issued by the State Council Patent Administration Department, the applicant shall, in accordance with the provisions of relevant laws and administrative regulations, handle the establishment registration with this certificate.
A patent agency shall, within 30 days from the date of obtaining the business license, file with the patent administrative department of the State Council.
Article 25 A patent agency meeting the following conditions may apply for the establishment of a branch:
(1) It has been established for three years;
(two) there are more than ten patent agents, and at least two patent agents practice in the branch to be established;
(3) It has not been punished by these regulations within three years before applying for establishing a branch;
(4) Having passed the latest annual inspection.
Article 26 Where a patent agency establishes a branch, it shall be approved by the patent administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government where the branch is to be established, and reported to the patent administrative department of the State Council and the patent administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government where the patent agency is located for the record.
A branch shall undertake the patent agency business in the name of its patent agency.
Article 27 Where a patent agency changes its name, business place, partner or shareholder, legal representative or executive partner, it shall apply to the patent administration department of the State Council for changing its practice license. To meet the requirements of these regulations, the patent administrative department of the State Council shall issue a revised practice license within twenty days from the date of acceptance; An application that does not meet the requirements of these regulations shall not be handled, and the applicant shall be notified in writing to explain the reasons.
Where a branch of a patent agency changes its name and business premises, it shall go through the formalities of change with the patent administration department of the State Council in accordance with the provisions of the preceding paragraph.
Article 28 If a patent agency no longer meets the conditions stipulated in these Regulations due to changes of circumstances after obtaining the practice license, the patent administrative department of the State Council shall order it to make corrections within a time limit; If the rectification is unqualified, its practice license shall be revoked.
Where the patent administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government finds that the patent agency no longer meets the conditions stipulated in these Regulations due to changes in circumstances, it shall report to the patent administrative department of the State Council for handling.
Article 29 After the patent agency is approved to change, cancel or dissolve, it shall go through the registration of change and cancellation with the registration authority according to law.
Article 30 A law firm that meets the following conditions may apply for patent agency business in accordance with the provisions of Article 22 of these Regulations:
(1) At least three partners hold patent agent qualification certificates;
(2) The three partners meet the conditions stipulated in Article 19 of these regulations, and there are no circumstances stipulated in Article 20 of these regulations.
Where a law firm is approved to start patent agency business, it shall be managed in accordance with the provisions of these Regulations on patent agency.
Article 31 The patent administrative department of the State Council shall promptly announce to the public the information about the patent agency's acquisition, cancellation, revocation or revocation of its practice license. Article 32 A patent agency may accept the entrustment, agency or undertake the following businesses:
(1) Providing patent affairs consultation or serving as patent consultant;
(2) applying for a patent;
(3) Requesting the invalidation of the patent right;
(four) the right to apply for a patent, the transfer of the patent right and the conclusion of a patent licensing contract;
(5) Lawsuits related to patents;
(6) Other patent affairs.
A patent agent who represents the patent litigation business shall also have a lawyer qualification certificate or a national unified judicial examination certificate.
Article 33 When accepting entrustment, a patent agency shall sign a written entrustment contract with the client.
A patent agency shall entrust a patent agent practicing in the agency to undertake the patent agency business.
Article 34 After accepting the entrustment, a patent agency shall not accept the entrustment of other parties with conflicts of interest for the same patent application or patent right.
A patent agent may not provide agency services for two or more parties with conflicts of interest on the same patent application or patent right.
Article 35 Where a patent agency is dissolved, it shall terminate the entrustment with the client before dissolution, properly handle the unfinished patent agency business, and go through the cancellation procedures with the patent administration department of the State Council.
Article 36 Where a patent agency is revoked or its practice license is revoked, it shall notify the client within 30 days from the date of receiving the notice of revocation or revocation, terminate the entrustment with the client, and properly handle all kinds of unfinished patent agency business.
Article 37 A patent agent shall earnestly perform the obligations of patent agency and safeguard the legitimate rights and interests of the client.
Article 38 A patent agent shall engage in patent agency business within the scope of authorization according to the entrustment of a patent agency, and shall not accept the entrustment by himself.
A patent agent shall not engage in patent agency business in more than two patent agencies at the same time.
Article 39? Patent agencies and patent agents shall be responsible for keeping confidential the inventions and creations they have learned in their agency business activities, except that the patent application has been published or announced.
Article 40 A patent agent working in the patent administration department of the State Council or the patent administration department of the people's government of a province, autonomous region or municipality directly under the Central Government shall not represent him in examining, hearing or handling patent applications or patent cases.
Article 41 Patent agencies and patent agents shall, in accordance with the provisions of the state, fulfill their obligations of patent agency assistance, provide patent agency assistance services that meet the standards, and safeguard the legitimate rights and interests of the recipients.
Article 42 Patent agencies shall establish and improve the systems of practice management, conflict of interest review, expense and financial management, complaint investigation, annual assessment and file management, and supervise patent agents to abide by professional ethics and practice discipline in their practice activities.
Article 43 Units and individuals that have not obtained the practice license of patent agency or patent agent shall not carry out patent agency business in the name of patent agency or patent agent, and shall not engage in the business specified in the second and third paragraphs of Article 32 of these Regulations for business purposes. Article 44 The patent administration department in the State Council shall be responsible for organizing the patent administration departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government to conduct annual inspections of patent agencies and patent agents, and timely announce the annual inspection results to the public.
Article 45 Where a patent agent commits any of the following acts, the administrative department for patent affairs of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall order him to make corrections within a time limit and give him a warning, informed criticism; If the circumstances are serious or no correction is made within the time limit, the administrative department for patent affairs of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall give disciplinary punishment of stopping undertaking new patent agency business for six to twelve months:
(1) Altering, reselling, leasing or lending the patent agent qualification certificate or patent agent practice certificate;
(2) Providing agency services for two or more parties with conflicts of interest on the same patent application or patent right;
(3) Failing to handle the business handover formalities after leaving the patent agency;
(four) to accept the entrustment of patent agency business;
(5) Engaged in patent agency business in two or more patent agencies at the same time;
(6) Failing to perform or delaying the performance of patent agency obligations, thus causing losses to the client;
(7) A patent agent who has worked in the patent administration department of the State Council or the patent administration department of the people's government of a province, autonomous region or municipality directly under the Central Government to examine, hear or handle patent applications or patent cases on his behalf;
(eight) refusing to perform the obligation of patent agency assistance;
(9) Other illegal acts.
When necessary, the administrative department for patent in the State Council can directly deal with the illegal acts specified in the preceding paragraph.
Article 46 If a patent agent commits any of the following acts, the patent administrative department of the State Council shall revoke his patent agent qualification certificate:
(1) divulging state secrets or commercial secrets of customers;
(2) Stealing, plagiarizing or disclosing the invention and creation of the client;
(3) bribing the staff of the relevant administrative and judicial organs, or instigating or inducing the parties to pay bribes;
(4) Providing false evidence or concealing important facts, or threatening or inducing others to provide false evidence or conceal important facts;
(five) there are acts listed in article forty-fifth of these regulations, and the circumstances are particularly serious.
Where the patent administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government finds that a patent agent has committed one of the acts listed in the preceding paragraph, it shall request the patent administrative department of the State Council to revoke its patent agent qualification certificate.
Article 47 Under any of the following circumstances, the patent administrative department of the State Council shall punish the partners or shareholders of patent agencies not to engage in patent agency business for two years; If the circumstances are serious, the patent administrative department of the State Council shall revoke the patent agent qualification certificate of the partner or shareholder of the patent agency:
(a) concealing the real situation and practicing fraud when applying for the establishment of a patent agency;
(2) The patent agency violates the provisions of Articles 35 and 36 of these Regulations.
Where a patent agency causes losses to its clients due to the acts listed in the second paragraph of the preceding paragraph, its partners or shareholders shall be liable for compensation according to law.
Article 48 Where a patent agency commits any of the following acts, the administrative department for patent affairs of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall order it to make corrections within a time limit and give it a warning, informed criticism; If the circumstances are serious or no correction is made within the time limit, the administrative department for patent affairs of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall give disciplinary punishment of stopping undertaking new patent agency business for six to twelve months; If the circumstances are particularly serious, the patent administrative department of the State Council shall revoke the practice license of its patent agency:
(1) concealing the real situation and practicing fraud when applying for establishment;
(2) changing its name, business place, partner or shareholder, legal representative or executive partner without authorization;
(3) Defaming other patent agencies or undertaking business by improper means;
(4) accepting the entrustment of other parties with conflicts of interest on the same patent application or patent right;
(5) setting up branches without authorization;
(six) dereliction of duty in the management of patent agents, resulting in serious consequences;
(seven) refusing to perform the obligation of patent agency assistance;
(eight) there are other illegal acts.
When necessary, the administrative department for patent in the State Council can directly deal with the illegal acts specified in the preceding paragraph.
Article 49 Where a patent agent practices illegally or causes losses to the client due to his fault, the patent agency to which he belongs shall be liable for compensation according to law.
After compensation, the patent agency may claim compensation from the patent agent who has intentional or gross negligence.
Article 50 Anyone who, in violation of the provisions of Article 43 of these regulations, engages in patent agency business shall be ordered by the patent administration department of the people's government of a province, autonomous region or municipality directly under the Central Government to stop the illegal act, confiscate the illegal income and impose a fine of not less than 1 times but not more than 5 times the illegal income.
Article 51 If a patent agency or patent agent refuses to accept a specific administrative act made by the patent administration department of the people's government of a province, autonomous region or municipality directly under the Central Government or the patent administration department of the State Council, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Article 52 Any employee of the patent administration department of the people's government of a province, autonomous region or municipality directly under the Central Government or the patent administration department of the State Council who violates the provisions of these Regulations, abuses his power, neglects his duty or engages in malpractices for personal gain, shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.