(a) the patent agency designated by the State Council;
(2) A patent agency established with the approval of the relevant competent authorities in the State Council and the patent administration departments of the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, open cities and special economic zones;
(3) Law firms that can handle patent agency affairs with the consent of the patent administration departments of the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, open cities and special economic zones.
The patent agencies mentioned in items (2) and (3) of the preceding paragraph shall be filed with the Chinese Patent Office by the patent administration authorities. Article 4 When a patent agency accepts entrustment and undertakes business, it shall have a power of attorney submitted by the client, indicating the authorization authority, which shall be sealed or signed by the client.
Patent agencies accept entrustment and undertake business, and charge fees according to regulations. Article 5 A patent agency shall have a patent agent to undertake the following affairs:
(1) Providing consultation on patent affairs;
(2) Writing patent application documents and matters related to patent application;
(three) matters related to the request for substantive examination and review;
(4) Matters related to raising objections and requesting the invalidation of the patent right;
(five) matters related to the transfer of patent rights and patent licensing;
(6) Other related patent affairs;
Patent agents can accept employment as patent consultants. Article 6 China citizens who have the right to vote and stand for election according to law may apply to the Chinese Patent Office for registration as patent agents if they meet the following conditions:
(1) Graduated from a university majoring in science and engineering (or equivalent), mastered a foreign language, and engaged in scientific and technological work for more than three years or engaged in other scientific and technological related work for more than five years;
(2) Having received training in the Patent Law and related patent business, and mastering basic legal knowledge related to patent agency work.
Engaged in foreign-related patent agency work, in addition to the conditions listed in the preceding paragraph, you should also be familiar with national and international laws and treaties on the protection of industrial property rights, and be familiar with mastering a foreign language. Article 7 The Patent Agent Appraisal Committee, composed of China Patent Office, Ministry of Justice, China Council for the Promotion of International Trade and other relevant departments and organizations, shall be responsible for the following work:
(1) Examining the persons who apply for registration as patent agents;
(two) to supervise and guide the patent agency work in business. Article 8 A person who applies for registration as a patent agent shall be qualified as a patent agent after passing the examination by the Patent Agent Examination Committee, being registered as a patent agent by the China Patent Office and being issued with a patent agent certificate. Article 9 A patent agent must perform his duties in a patent agency, and the work shall be assigned by the patent agency and shall not be entrusted by himself. Article 10 patent agents shall perform their duties according to law and shall be protected by state laws, and no unit or individual may interfere. Article 11 The acts of a patent agent within the scope of authorization have the same legal effect as those of the principal. Article 12 Patent agents shall be responsible for the confidentiality of inventions and creations they know in their business activities, unless the patent application has been published or announced. Thirteenth patent agents in any of the following circumstances, the Patent Agents Examination Committee has the right to cancel the qualification of patent agents:
(1) plagiarizing the invention and creation of the client, intentionally disclosing the contents of the invention and creation of the client, or committing other acts that seriously harm the interests of the client;
(2) serious incompetence.
The Patent Agent Examination Committee shall notify the Chinese Patent Office of the decision to cancel the qualification of patent agent, and the Chinese Patent Office shall cancel the registration of patent agent and hand in the patent agent certificate. Article 14 A patent agent who commits the act in Item 1 of Paragraph 1 of the preceding article shall be given administrative sanctions by his unit; If the circumstances are serious, legal responsibility shall be investigated according to law. Article 15 The Chinese Patent Office shall be responsible for the interpretation of these Provisions. Article 16 These Provisions shall come into force as of the date of promulgation.