"Patent Agency Ordinance"

Chapter 1 General Provisions

Article 1 In order to regulate patent agency behavior, protect the legitimate rights and interests of clients, patent agencies and patent agents, maintain the normal order of patent agency activities, and promote the healthy development of the patent agency industry, this document is formulated in accordance with the Patent Law of the People's Republic of China. regulations.

Article 2 The term "patent agency" as mentioned in these Regulations refers to the act of a patent agency accepting an entrustment to handle patent matters such as patent applications and declaration of invalidity of patent rights in the name of the client within the scope of agency authority.

Article 3 Any unit or individual may apply for patents and handle other patent affairs domestically on its own, or may entrust a patent agency established in accordance with the law to handle them, unless otherwise provided by law.

Patent agencies shall handle patent affairs in accordance with the entrustment of the client.

Article 4 Patent agencies and patent agents shall abide by laws and administrative regulations when practicing, abide by professional ethics and practice disciplines, and safeguard the legitimate rights and interests of clients.

Patent agencies and patent attorneys shall be protected by law when practicing in accordance with the law.

Article 5 The Patent Administration Department of the State Council is responsible for the management of patent agencies nationwide.

The patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for the management of patent agencies within their respective administrative regions.

Article 6 Patent agencies and patent agents may establish and join patent agency industry organizations in accordance with the law.

Patent agency industry organizations should formulate self-regulatory norms for the patent agency industry. The self-regulatory regulations of the patent agency industry shall not conflict with laws and administrative regulations.

The patent administration department of the State Council shall supervise and guide patent agency industry organizations in accordance with the law.

Chapter 2 Patent agencies and patent attorneys

Article 7 The organizational form of a patent agency shall be a partnership, a limited liability company, etc.

Article 8 Patent agencies in the form of partnerships or limited liability companies that engage in patent agency business must meet the following conditions:

Article 9 To engage in patent agency business, one shall apply to the patent administration department of the State Council, submit relevant materials, and obtain a patent agency practice license. The patent administration department of the State Council shall make a decision on whether to issue a patent agency practice license within 20 days from the date of acceptance of the application.

If any matters such as the partners, shareholders or legal representatives of a patent agency change, the change procedures must be completed.

Article 10 Chinese citizens with a college degree or above in science and engineering majors from colleges and universities may take the National Patent Agent Qualification Examination; those who pass the examination will be issued a Patent Agent Qualification Certificate by the Patent Administration Department of the State Council. The patent agent qualification examination methods shall be formulated by the patent administration department of the State Council.

Article 11 To practice as a patent agent, a patent agent must obtain a patent agent qualification certificate, practice as an intern in a patent agency for one year, and practice in a patent agency.

Article 12 A patent agent practicing for the first time shall file a record with the patent management department of the people's government of the province, autonomous region, or municipality directly under the Central Government where the patent agency is located within 30 days from the date of practice.

The patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall provide convenience for patent agents to register via the Internet.

Chapter 3 Patent Agency Practice

Article 13 Patent agencies may be entrusted with patent matters such as patent applications, invalidation of patent rights, transfer of patent application rights or patent rights, and conclusion of patent implementation licensing contracts, and may also provide consultation on patent matters at the request of the parties.

Article 14 When a patent agency accepts an entrustment, it shall enter into a written entrustment contract with the client. After a patent agency accepts an entrustment, it shall not accept entrustment from other parties with conflicts of interest regarding the same patent application or patent rights matters.

A patent agency shall appoint a patent agent practicing in the agency to handle the patent agency business. The assigned patent agent himself and his close relatives shall not have conflicts of interest in the patent agency business he/she undertakes.

Article 15 If a patent agency is dissolved or its practice license is revoked or revoked, it shall properly handle various unfinished patent agency business.

Article 16 Patent agents shall undertake patent agency business as assigned by the patent agency and shall not accept entrustment on their own.

Patent agents shall not engage in patent agency business in more than two patent agencies at the same time.

A patent agent is responsible for the patent agency business handled under his or her signature.

Article 17 Patent agencies and patent agents have the obligation to keep confidential the contents of inventions and creations that they learn about in the course of practice, except where the patent application has been published or announced.

Article 18 Patent agencies and patent attorneys shall not apply for a patent in their own name or request to declare the patent right invalid.

Article 19 After leaving their posts, staff members of the patent administration department of the State Council and the patent management departments of local people's governments shall not engage in patent agency work within the period specified by laws and administrative regulations.

Patent agents who have served in the patent administration department of the State Council or the patent management department of a local people's government shall not act as agents for patent applications or patent cases that they have examined, tried or handled.

Article 20 The fees charged by patent agencies shall follow the principles of voluntariness, fairness and good faith, and take into account both economic and social benefits.

The state encourages patent agencies and patent agents to provide patent agency assistance services to small and micro enterprises as well as inventors and designers with no income or low income.

Article 21 Patent agency industry organizations shall strengthen the self-discipline management of members, organize business training for patent agents and education on professional ethics and practice disciplines, and punish members who violate industry self-discipline norms.

Article 22 The patent administration department of the State Council and the patent administration departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall conduct random inspections and other methods to inspect and supervise the professional activities of patent agencies and patent agents, and any violations of the provisions of these Regulations shall be found If any, they will be dealt with in a timely manner and in accordance with the law, and the results of the inspection and treatment will be announced to the public. No fees may be charged for inspections.

Article 23 The patent administration department of the State Council and the patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall strengthen the release of public information on patent agencies and provide inquiry services for the public to understand the operating conditions of patent agencies and the practice of patent agents.

Chapter 4 Legal Responsibilities

Article 24: If a patent agency practice license or patent agent qualification certificate is obtained by concealing the true situation or committing fraud, the patent administration department of the State Council shall revoke the patent agency practice license or patent agent qualification certificate.

After a patent agency obtains a practice license, if it no longer meets the conditions stipulated in these Regulations due to changes in circumstances, the patent administration department of the State Council shall order it to make rectifications within a time limit; if it fails to make corrections within the time limit or the rectifications are unqualified, the practice license shall be revoked.

Article 25 If a patent agency commits any of the following acts, the patent management 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, issue a warning, and may impose a fine of not more than 100,000 yuan; if the circumstances are serious or the department fails to make corrections within the time limit , the Patent Administration Department of the State Council shall order it to stop undertaking new patent agency business for 6 to 12 months, until the patent agency's practice license is revoked:

If a professional agency leaks the client's inventions and creations in the course of practice, involves leaking state secrets, infringing on commercial secrets, or bribing staff of relevant administrative or judicial organs or providing false evidence, it shall be subject to the provisions of relevant laws and administrative regulations. Bear legal responsibility; the Patent Administration Department of the State Council shall revoke the patent agency's practicing license.

Article 26 If a patent agent commits any of the following acts, the patent administration department of the people's government of the province, autonomous region, or municipality directly under the Central Government shall order him or her to make corrections within a time limit, give him a warning, and may impose a fine of not more than 50,000 yuan; if the circumstances are serious or the person fails to make corrections within the time limit, , the Patent Administration Department of the State Council shall order it to stop undertaking new patent agency business for 6 months to 12 months, until the patent agent qualification certificate is revoked:

If a patent agent discloses the contents of the client's inventions and creations in the course of practice, involves leaking state secrets, infringing on commercial secrets, or bribing staff of relevant administrative or judicial agencies or providing false evidence, he shall be punished in accordance with the provisions of relevant laws and administrative regulations. Bear legal responsibility; the patent administration department of the State Council shall revoke the patent agent qualification certificate.

Article 27 Anyone who violates the provisions of these Regulations and carries out patent agency business without authorization shall be ordered by the patent management department of the people's government of the province, autonomous region or municipality directly under the Central Government to stop the illegal activities, confiscate the illegal gains, and impose a fine of not less than 1 time but not more than 5 times of the illegal gains. .

Article 28 Any staff member of the patent administration department of the State Council or the patent management department of the people's government of a province, autonomous region or municipality directly under the Central Government who violates the provisions of these Regulations, abuses his power, neglects his duties, or engages in malpractice for personal gain shall be punished in accordance with the law; if a crime is constituted, he shall be investigated in accordance with the law. criminal responsibility.

Chapter 5 Supplementary Provisions

Article 29 The establishment of a permanent representative office by a foreign patent agency within the territory of the People's Republic of China must be approved by the patent administration department of the State Council.

Article 30 Law firms may carry out patent-related business in accordance with the Lawyers Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China and other laws and administrative regulations. However, when engaging in the business of acting as an agent for patent applications and declaring the invalidation of patent rights, they must comply with These regulations stipulate that specific measures shall be formulated separately by the patent administration department of the State Council in consultation with the judicial administration department of the State Council.

Article 31: Management measures for patent agencies and patent agents that handle national defense patent affairs shall be formulated separately by the patent administration department of the State Council in consultation with the competent authority of the national defense patent agency.

Article 32 These Regulations shall come into effect on March 1, 2019.

Patent agencies established in accordance with the law before the implementation of these Regulations and patent agents practicing in accordance with the law may continue to carry out patent agency business in the name of patent agencies and patent attorneys after the implementation of these Regulations.