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"Patent Agency Management Measures"
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Chapter 1 General Provisions
Article 1 In order to regulate the behavior of patent agencies, protect the legitimate rights and interests of clients, patent agencies and patent agents, maintain the normal order of the patent agency industry, and promote the healthy development of the patent agency industry, in accordance with the Patent Law of the People's Republic of China and the Patent Agency Regulations These Measures are formulated in accordance with the provisions of other relevant laws and administrative regulations.
Article 2 The State Intellectual Property Office and the patent management departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall manage and supervise patent agencies and patent agents in accordance with the law.
Article 3 The State Intellectual Property Office and the patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall inspect and supervise patent agency practice activities in accordance with the principles of fairness, justice, openness, law and order, transparency and efficiency.
Article 4 Patent agencies and patent agents may establish and join national or local patent agency industry organizations in accordance with the law. The patent agency industry organization is a social group and a self-regulatory organization of patent agents.
Patent agency industry organizations should formulate self-regulatory norms for the patent agency industry, and industry self-regulatory norms must not conflict with laws, administrative regulations, and departmental rules. Patent agencies and patent attorneys shall abide by industry self-regulatory regulations.
Article 5 Patent agencies and patent agents shall abide by laws, administrative regulations and these Measures when practicing, abide by professional ethics and practice disciplines, be honest and trustworthy, standardize practice, improve the quality of patent agency, safeguard the legitimate rights and interests of clients and the normality of the patent agency industry order.
Article 6 The State Intellectual Property Office and the patent management departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, based on the actual situation, support and guide patent agencies to serve small and micro enterprises and those with no or low income by formulating policies, establishing mechanisms and other measures. Provide patent agency assistance services to inventors and designers.
Patent agency industry organizations and patent agencies are encouraged to use their own resources to carry out patent agency assistance work.
Article 7 The State Intellectual Property Office and the patent administration departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall strengthen the construction of e-government affairs and the release of public information on patent agencies, optimize the patent agency management system, and facilitate the handling of affairs by patent agencies, patent attorneys, and the public. ,search information.
Article 8 No unit or individual may, without permission, act as an agent to apply for patents or declare the invalidity of patent rights.
Chapter 2 Patent Agency
Article 9 The organizational form of a patent agency shall be a partnership, a limited liability company, etc. Partners and shareholders must be Chinese citizens.
Article 10 When a patent agency in the form of a partnership applies for a practice license, it must meet the following conditions:
Article 11 A patent agency in the form of a limited liability company that applies for a practice license must meet the following conditions:
Article 12 When a law firm applies for a practice license, it must meet the following conditions:
Article 13 Anyone who falls under any of the following circumstances shall not serve as a partner or shareholder of a patent agency:
If a patent agency obtains a practice license through improper means such as deception or bribery and is revoked or revoked in accordance with the law, its partners, shareholders, and legal representatives shall not be allowed to appoint new partners or new partners in the patent agency within three years from the date of the penalty decision. Shareholders and legal representatives.
Article 14 A patent agency can only use one name. Except for law firms, the name of a patent agency should contain the words "patent agency" or "intellectual property agency". The name of a branch of a patent agency shall consist of the full name of the patent agency, the name of the city or region where the branch is located, and "branch" or "branch office", etc.
The name of a patent agency shall not be the same as or similar to the name of a patent agency that is currently or has been used nationwide.
When a law firm applies for a practice license, it can use the name of the law firm.
Article 15 To apply for a patent agency practice license, an application form and the following application materials shall be submitted to the State Intellectual Property Office through the patent agency management system:
Applicants shall be responsible for the authenticity of the substantive content of their application materials. When necessary, the State Intellectual Property Office may require the applicant to provide original documents for verification. Except as otherwise provided by laws, administrative regulations and decisions of the State Council.
Article 16 If the application materials do not comply with the provisions of Article 15 of these Measures, the State Intellectual Property Office shall notify the applicant of all the content that needs to be supplemented and corrected within five days from the date of receipt of the application materials. The application shall be deemed accepted from the date on which the application materials are submitted; if the application materials are complete and comply with the legal form, or the applicant submits all supplementary and corrected application materials as required, the application shall be accepted. If the application is accepted or not accepted, the applicant shall be notified in writing and the reasons shall be explained.
The State Intellectual Property Office shall review the application within ten days from the date of acceptance, approve it if it meets the prescribed conditions, and issue a patent agency practice license to the applicant; if it does not meet the prescribed conditions, it will not approve it and notify the applicant in writing and explain the reasons.
Article 17 If the name of the patent agency, business location, partnership agreement or company articles of association, partners or executive partners, shareholders or legal representatives change, it shall be reported to the National Intellectual Property Office within 30 days from the date of registration of enterprise change. The Intellectual Property Office shall apply for change procedures; if a law firm's partners or full-time lawyers with patent agent qualification certificates and other matters change, they shall apply to the State Intellectual Property Office for change procedures within 30 days from the date of approval by the judicial administrative department.
The State Intellectual Property Office shall make corresponding decisions within ten days from the date of acceptance of the application and make changes to matters that comply with the provisions of these Measures.
Article 18 The information registered by a patent agency with the State Intellectual Property Office shall be consistent with the information registered with the market supervision and administration department or the judicial administrative department.
Article 19 If a patent agency is dissolved or no longer handles patent agency business, it shall go through the procedures for canceling the patent agency's practice license with the State Intellectual Property Office after properly handling various unfinished business.
If a patent agency cancels its business license, or its business license or practice license is revoked or revoked, it shall notify the client to terminate the entrustment contract thirty days before the business license is canceled or within thirty days from the date of receipt of the cancellation or revocation notice, and properly Handle unfinished business and go through the procedures for canceling the practice license of the patent agency with the State Intellectual Property Office. If all patent agency business is not properly handled, the partners and shareholders of the patent agency shall not handle changes to the patent agent practice record.
Article 20 A patent agency that establishes a branch to handle patent agency business must meet the following conditions:
Article 21 A branch of a patent agency shall not handle patent agency business in its own name. Patent agencies shall bear legal responsibility for the professional activities of their branches.
Article 22 If a patent agency establishes, changes or cancels a branch, it shall, within thirty days from the date of completing the relevant enterprise or judicial registration procedures for the branch, notify the province, autonomous region, or municipality directly under the Central Government where the branch is located through the patent agency management system. The patent management department of the people's government shall conduct the filing.
To register, you should fill in the registration form and upload the following materials:
Article 23 Patent agencies shall establish and improve quality management, conflict of interest review, complaint handling, annual assessment and other professional management systems as well as personnel management, financial management, file management and other operational systems, and ensure that patent agents comply with professional practices in their professional activities. Supervision of ethics and professional disciplines.
Shareholders of patent agencies shall abide by relevant national regulations, abide by the professional ethics and professional disciplines of patent agencies, and maintain the normal order of the patent agency industry.
Article 24 Patent agencies that promote or undertake patent agency business through Internet platforms shall comply with the "E-Commerce Law of the People's Republic of China" and other relevant regulations.
The patent agency mentioned in the preceding paragraph shall continue to publicize and promptly update the patent agency's practice license and other information in a prominent position on the home page.
Chapter 3 Patent Agent
Article 25 A patent agency shall conclude labor contracts with the patent agents it employs in accordance with the law and in accordance with the principles of voluntariness and consensus through consultation. Patent agents shall be assigned by the patent agency to handle patent agency business and shall not accept entrustment on their own.
Article 26 To practice as a patent agent, the following conditions must be met:
The day when all the conditions listed in the preceding paragraph are met is the day of practice.
Article 27 Patent agency interns who conduct patent agency business internships shall accept the guidance of the patent agency.
Article 28 If a patent agent practices practice for the first time, he shall register his practice 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 thirty days from the date of practice through the patent agency management system.
To register, you should fill in the registration form and upload the following materials:
Patent agents shall be responsible for the authenticity of the substantive content of their filing materials. When necessary, the patent management department of the people's government of the province, autonomous region, or municipality directly under the Central Government may require the original document for verification.
Article 29 If a patent agent resigns from a patent agency, he shall properly handle the business handover procedures and report the matter to the people's government of the province, autonomous region, or municipality directly under the Central Government where the patent agency is located through the patent agency management system within thirty days from the date of resignation. The patent department shall submit the dismissal certificate, etc. to make changes to the practice registration.
If a patent attorney switches his or her practice to a patent agency, he or she must change the practice registration within thirty days from the date of switching practice, and upload the labor contract signed with the patent agency or proof of being a shareholder or partner.
If the practice registration is not changed within the prescribed time, it will be deemed that the registration change procedure has not been actively completed within the time limit. The patent management department of the people's government of the province, autonomous region, or municipality directly under the Central Government may directly make the change after verification.
Chapter 4 Patent Agency Industry Organization
Article 30 Patent agency industry organizations should strictly enforce industry self-discipline, organize and guide patent agencies and patent agents to standardize their practice in accordance with the law, and continuously improve industry service levels.
Article 31 The State Intellectual Property Office and the patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall supervise and manage patent agency industry organizations in accordance with relevant national regulations.
Article 32 Patent agency industry organizations shall perform the following duties in accordance with the law:
Article 33 The patent agency industry organization shall establish and improve the non-practising membership system, encourage non-practising personnel who have obtained the patent agent qualification certificate to join the patent agency industry organization, participate in the affairs of the patent agency industry organization, and strengthen the training and exchange of non-practising members.
Chapter 5 Patent Agency Supervision
Article 34 The State Intellectual Property Office shall organize and guide the publication of annual reports of patent agencies nationwide, lists of abnormal business operations, and lists of serious violations of law and dishonesty.
Article 35 Patent agencies shall submit annual reports in accordance with relevant national regulations. The annual report should include the following:
Law firms may submit only content relevant to their practice of patent matters.
Article 36 The staff of the State Intellectual Property Office and the patent management departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall keep confidential the contents of the annual reports of patent agencies that are not to be disclosed.
Article 37 If a patent agency has any of the following circumstances, it will be included in the directory of abnormal operations in accordance with relevant national regulations:
Article 38 If a patent agency commits any of the following circumstances, it will be included in the list of serious illegal and untrustworthy persons in accordance with relevant national regulations:
Article 39 The State Intellectual Property Office directs the patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government to inspect and supervise the practice activities of patent agencies and patent agents.
If a patent agency establishes a branch across provinces, its branch shall be inspected and supervised by the patent management department of the people's government of the province, autonomous region, or municipality directly under the Central Government where the branch is located. 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 shall provide assistance.
Article 40 The State Intellectual Property Office and the patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall inspect and supervise patent agencies and patent agents through written inspections, on-site inspections, network monitoring, etc.
During the inspection process, inspection objects should be randomly selected and law enforcement inspectors should be randomly selected. If violations of laws and regulations are discovered, they shall be dealt with in a timely manner and in accordance with the law, and the inspection and handling results shall be announced to the public. For patent agencies that have been included in the list of abnormal operations or the list of serious violations of laws and trustworthiness, the patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall conduct on-site inspections.
Article 41 The patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall focus on inspection and supervision of the following matters:
Article 42 When the patent administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government conduct inspections and supervision in accordance with the law, they shall record the inspection and supervision situations and the results, and file them after the signatures of the inspection and supervision personnel.
The parties concerned shall cooperate with the inspection and supervision of the patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, accept inquiries, and truthfully provide relevant information and materials.
Article 43 The State Intellectual Property Office and the patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may conduct warning conversations, put forward opinions, and urge timely rectifications of institutions or personnel that have violated laws and regulations.
Article 44 The State Intellectual Property Office and the patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall urge patent agencies to implement relevant service standards for patent agencies and guide patent agencies to improve service quality.
Article 45 The State Intellectual Property Office shall promptly publish to the public information on the acquisition, change, cancellation, revocation, revocation and other relevant information of patent agency practice licenses, as well as relevant information on patent agents’ practice registration, revocation and revocation.
The State Intellectual Property Office and the patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall promptly disclose to the public the annual report information of patent agencies, information on the list of abnormal operations, the list of serious violations of laws and dishonesty, information on the inclusion or removal of patents, information on administrative penalties, and information on patents. Inspection of agency practice activities. Administrative penalties and inspection and supervision results will be included in the national enterprise credit information disclosure system and announced to the public.
If law firms or lawyers are subject to administrative penalties for patent agency, the State Intellectual Property Office and the patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall notify the relevant judicial administrative departments of the information.
Chapter 6 Handling of Illegal Acts of Patent Agency
Article 46 If any unit or individual believes that the professional activities of a patent agency or patent agent violate the relevant laws, administrative regulations, or departmental rules on patent agency management, or that there is a situation in which patent agency business is conducted without authorization, it may file a complaint with the province or autonomous region. , complaints and reports to the patent management departments of the municipal people's governments.
After receiving complaints and reports, the patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall investigate and deal with them in accordance with relevant regulations such as the market supervision and management complaints and reports handling measures, administrative penalty procedures, and other relevant regulations. Except as otherwise provided in these Measures.
Article 47 For patent agency violations that have significant impact, the State Intellectual Property Office may coordinate or designate the relevant patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government to handle them. If the handling of illegal patent agency activities involves the patent management departments of the people's governments of two or more provinces, autonomous regions, or municipalities directly under the Central Government, they may be reported to the State Intellectual Property Office for coordination and handling.
The State Intellectual Property Office shall supervise the handling of illegal acts by patent agents of departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government that manage patent work in accordance with the law.
Article 48 The patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, based on local conditions, require the patent management departments of the people's governments at the next lower level to assist in handling illegal and irregular acts of patent agents; they may also entrust a person with actual handling capabilities in accordance with the law. Institutional organizations that manage public affairs handle violations of patent agency laws and regulations.
The entrusting party shall supervise and guide the entrusted party's behavior and bear legal responsibility.
Article 49 The patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall investigate and collect evidence related to the case in a timely, comprehensive, objective and impartial manner. The facts of the case can be investigated and verified through the following methods:
Article 50 After the investigation of the case is completed, the patent management department of the people's government of the province, autonomous region, or municipality directly under the Central Government deems it necessary to order the patent agency to stop undertaking new patent agency business, revoke the practice license, or order the patent agent to stop Those who undertake new patent agency business and receive administrative penalties for revoking the patent agent qualification certificate shall promptly submit the investigation results and penalty suggestions to the State Intellectual Property Office for processing.
Article 51 If a patent agency has any of the following circumstances, it shall be an illegal act of "negligence in management, causing serious consequences" as stipulated in Article 25 of the Patent Agency Regulations :
Article 52 Any of the following circumstances shall constitute the illegal act of “carrying out patent agency business without authorization” as stipulated in Article 27 of the Patent Agency Regulations:
Article 53 A patent agent shall be responsible for the patent agency business handled under his or her signature. For patent matters that are not handled personally, the patent attorney has the right to refuse to sign on relevant legal documents.
If a patent agent causes losses to the interests of clients or third parties or harms public interests due to the quality of patent agency or other reasons, the patent management department of the people's government of the province, autonomous region, or municipality directly under the Central Government may give a warning to the patent agent who signed the patent agent's signature.
Article 54: The State Intellectual Property Office shall, in accordance with relevant regulations, carry out joint punishments against seriously dishonest entities in the field of patent agency.
Article 55 If laws or administrative regulations have other provisions on the handling of illegal activities in the business activities of patent agencies, such provisions shall prevail.
Chapter 7 Supplementary Provisions
Article 56 The State Administration for Market Regulation is responsible for the interpretation of these Measures.
Article 57 The period of within twenty days in these Measures refers to working days, excluding statutory holidays.
Article 58 These Measures shall come into effect on May 1, 2019. The "Patent Agency Management Measures" issued by the State Intellectual Property Office Order No. 70 on April 30, 2015, and the "Patent Agency Punishment Rules (Trial)" issued by the State Intellectual Property Office Order No. 25 on December 12, 2002 are abolished at the same time. .