(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 company limited or the intellectual property agency company limited. 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.
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.