Can a non-agency (individual) apply for a patent for others?
There is no explicit prohibition in theory, but it is extremely risky for the applicant, and the policy itself has many restrictions. According to the Patent Law, foreigners, foreign enterprises or other foreign organizations that have no habitual residence or business office in China shall entrust a legally established patent agency to apply for patents and handle other patent affairs in China. China units or individuals applying for patents and handling other patent affairs in China may entrust a legally established patent agency to handle them. (domestic units or individuals do not specify whether they can find an agent. The patent agency regulations clearly restrict and restrict the behavior of patent agents. For example, a patent agent may not apply for a patent during the patent agency business and within one year after leaving the patent agency business. In addition, providing agency services for two or more parties with conflicts of interest on the same patent application or patent right, failing to perform or delaying the performance of patent agency obligations, causing losses to the client; There are relevant laws and regulations to punish them. This effectively protects the rights and interests of patent applicants, and it is difficult for individuals to reach an agreement. According to the national patent agency regulations, if a patent agent is entrusted to handle the patent agency business by himself, the patent administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government shall order it to make corrections within a time limit and give 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.