To apply for the establishment of a patent agency, the following conditions shall be met:
(a) the name and articles of association of the institution (partnership agreement);
(2) Having a prescribed number of patent agents;
(3) If it is necessary to apply for the establishment of a partnership patent agency, the capital shall be not less than 30,000 yuan, and if it is applied for the establishment of a limited liability patent agency, the capital shall be not less than 6,543,800 yuan;
(4) Having a fixed office space and necessary working facilities;
(five) the person in charge of the institution shall have the qualification of patent agent.
Where a law firm applies for patent agency business, there shall be more than three full-time lawyers with patent agent qualifications among the lawyers practicing in the law firm. Second, the form of membership.
The application for the establishment of a partnership patent agency shall be initiated by two or more persons with patent agency qualifications, and shall bear unlimited joint liability for the debts of the patent agency.
A patent agency applying for the establishment of a limited liability system shall be initiated by five or more persons with patent agency qualifications, and shall be liable for its debts with all the assets of the patent agency. Third, the conditions of sponsors.
(1) Having the qualification of patent agent;
(two) full-time engaged in patent agency business;
(3) Having good professional ethics;
(four) the age shall not exceed 70 years old;
(five) under any of the circumstances listed in Article 25 of the Patent Agency Regulations, the investor shall not become a patent agency. Four. Organization name
A patent agency can only enjoy and use one name, which shall not be the same as or similar to the name of a patent agency that is in use or has been used nationwide.
The name of the partnership patent agency should be the name of the city+brand name+"Patent Office"; The name of a limited liability patent agency is the name of the city where it is located+name+"Patent Agency Co., Ltd.".
A law firm that undertakes patent agency business may use the name of the law firm. V. Application materials
To apply for the establishment of a patent agency, the following application materials shall be submitted:
(a) the application form for the establishment of a patent agency;
Articles of association of the patent agency (partnership agreement);
(3) Proof of capital verification (capital contribution);
(4) A copy of the patent agent's qualification certificate and ID card;
(five) the relationship between resume and personnel files;
(six) proof of office space and working facilities;
(7) Other supporting materials.
A law firm applying for patent agency business shall submit the following application materials:
(1) An application form for starting patent agency business;
(2) An official letter issued by the judicial administrative organ agreeing to start the patent agency business;
Articles of association of the law firm (partnership agreement);
(four) a copy of the practice license of the law firm and proof of funds;
(five) a copy of the patent agent's lawyer's practice certificate, a copy of the patent agent's qualification certificate and a copy of the ID card;
(six) proof of office space and working facilities;
(7) Other supporting materials. Examination and approval procedure of intransitive verbs
The examination and approval procedures for establishing a patent agency are as follows:
(1) An application for the establishment of a patent agency shall be submitted to the intellectual property offices of provinces, autonomous regions and municipalities directly under the Central Government. The intellectual property offices of provinces, autonomous regions and municipalities directly under the Central Government shall, after examination, report to China National Intellectual Property Administration for examination and approval within 30 days from the date of receiving 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.
(two) China National Intellectual Property Administration shall, within 30 days from the date of receipt of the submitted materials, make a pre-approval decision on the application that meets the conditions stipulated in these Measures, and notify the intellectual property offices of the provinces, autonomous regions and municipalities directly under the Central Government that submitted the materials; 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. After handling relevant matters (industrial and commercial registration, etc.) in the pre-approved patent agency. ) According to the requirements, China National Intellectual Property Administration issued the patent agency registration certificate and agency code.
(3) A patent agency approved to be established shall, within 30 days from the date of issuance of the registration certificate of patent agency, apply to the All-China Patent Agents Association for a patent agent's practice certificate.
Law firms applying for patent agency business shall be examined and approved with reference to the foregoing provisions of this article.