Notice of the Patent Office and the State Administration of State-owned Assets on Printing and Distributing the Interim Measures for the Administration of Patent Assets Evaluation

Chapter I General Provisions Article 1 These Measures are formulated in accordance with the relevant laws and regulations of the State and the Notice of the State Administration of State-owned Assets and the China Patent Office on Strengthening the Evaluation and Management of Patent Assets (Guo Zi Ban Fa [1996] No.49) (hereinafter referred to as the Notice). Article 2 The Notice and these Measures shall apply to the evaluation of patent assets. Article 3 Patent assets mentioned in the Notice and these Measures refer to patent rights, patent application rights and related assets. Article 4 In case of any of the circumstances specified in Articles 1 and 2 of the Notice, the possessor of patent assets shall entrust an appraisal institution engaged in patent assets appraisal to conduct patent assets appraisal.

Except under the circumstances stipulated in Articles 1 and 2 of the Notice, if the possessor of a patent asset needs to evaluate the patent asset, he may entrust an evaluation institution engaged in the patent asset evaluation business to evaluate the patent asset. Article 5 The Chinese Patent Office and the State Administration of State-owned Assets may, when deemed necessary, organize or jointly with relevant departments to evaluate major patent assets projects. Article 6 The State Administration of State-owned Assets and the China Patent Office jointly manage the patent assets evaluation. Article 7 The operating specifications, relevant parameters and standards of patent assets evaluation shall be jointly formulated by the State Administration of State-owned Assets and the China Patent Office. Chapter II Administration of Patent Assets Appraisal Institutions Article 8 To apply for the establishment of a full-time patent assets appraisal institution, the following conditions shall be met:

(a) in accordance with the relevant provisions of the state-owned assets management;

(two) in line with the provisions of the "notice" fifth full-time staff of not less than 3 people.

Other appraisal institutions engaged in patent assets appraisal shall have at least two full-time or part-time personnel who meet the requirements of Article 5 of the Notice. Article 9 To apply for the establishment of a full-time patent assets appraisal institution, the following documents shall be submitted:

(1) An application form for the qualification of a full-time appraisal institution of patent assets;

(two) the articles of association of the full-time evaluation institution of patent assets;

(3) A list of full-time personnel, professional and technical post qualification certificates and copies of professional training certificates of full-time patent asset appraisal institutions;

(4) Resume of the legal representative;

(5) Two or more simulated cases of patent assets evaluation;

(6) Other materials required by the State Administration of State-owned Assets and the Chinese Patent Office. Article 10 When applying for the establishment of a full-time patent assets appraisal institution, all departments in the State Council shall submit application documents to the Chinese Patent Office.

Where a locality applies for the establishment of a full-time patent assets evaluation institution, it shall first submit the application documents to the patent administration authorities of the province, autonomous region or municipality directly under the Central Government where it is located.

The Chinese Patent Office and the patent administration organ shall make an audit decision within two months from the date of receiving the complete application documents, and turn them to the administrative department of state-owned assets management at the same level for examination and approval. Those who pass the examination shall be issued an asset appraisal qualification (patent) certificate uniformly printed by the State Administration of State-owned Assets, which shall be jointly announced by the State Administration of State-owned Assets and the Chinese Patent Office. Article 11 A full-time patent assets appraisal institution shall, in any of the following circumstances, report to the Chinese Patent Office for the record within 30 working days after completing the relevant procedures:

(1) Obtaining the qualification of a patent assets appraisal institution;

(2) The qualification of the patent assets appraisal institution is terminated;

(three) the name, domicile, legal representative or full-time or part-time personnel that meet the requirements of Article 5 of the Notice are changed;

(4) Other circumstances required by the Chinese Patent Office for filing. Article 12 A full-time patent asset appraisal institution shall submit the following documents when reporting in accordance with the provisions of Article 11 of these Measures:

(a) a copy of the asset appraisal qualification certificate;

(2) A copy of the business license of the enterprise as a legal person;

(3) Relevant certification materials of the legal representative of the institution;

(4) Other documents required by the Chinese Patent Office. Thirteenth full-time evaluation institutions engaged in patent assets evaluation shall accept the business guidance and annual inspection of the State Administration of State-owned Assets and the China Patent Office. Chapter III Management of Patent Assets Appraisers Article 14 The professional training specified in Article 5 of the Notice shall be jointly organized or entrusted by the State Administration of State-owned Assets and the China Patent Office, and undertaken by the provincial state-owned assets management departments and patent management agencies, as well as the state-owned assets management agencies and patent management agencies of various departments in the State Council. Article 15 The professional training specified in Article 5 of the Notice includes the training of asset appraisal knowledge and related patent knowledge. Article 16 The employees specified in Article 5 of the Notice shall have a bachelor's degree or above in finance, accounting, finance, economics, engineering technology or have been engaged in asset appraisal, patent management and patent agency for more than two years. Article 17 Employees in full-time patent asset appraisal institutions who meet the requirements of Article 5 of the Notice shall pass the examination of the State Administration of State-owned Assets and the China Patent Office, and if they pass the examination, the State Administration of State-owned Assets and the China Patent Office shall issue a certificate of examination for patent asset appraisers.

Employees in other evaluation institutions who meet the requirements of Article 5 of the Notice shall be awarded training certificates for patent assets evaluation by the State Administration of State-owned Assets and the China Patent Office.

The holder of the patent asset appraiser qualification certificate has the right to apply for the establishment of a full-time patent asset appraisal institution according to law, and the patent asset appraiser qualification certificate is a necessary document for applying for the establishment of a full-time patent asset appraisal institution.

The Chinese Patent Office implements a registration and filing system for those who have passed the training and obtained the examination certificate of patent asset appraisers.

Personnel engaged in patent assets appraisal business shall receive relevant professional training regularly.