thirtieth

In order to standardize the management and supervision of the patent agency industry, the Measures for the Administration of Patent Agency are formulated, which are hereby promulgated and shall come into force as of July 5, 2003.

The Measures for the Examination and Approval of the Establishment of Patent Agencies (Provisional) promulgated by Decree No.23 of China National Intellectual Property Administration shall be abolished at the same time.

Director Wang Jingchuan

June 6(th), 2003

Only represents the law of interest management affairs.

Chapter I General Principles

Article 1 In order to improve the patent agency system, maintain the normal order of the patent agency industry, and ensure that patent agencies and patent agents practice according to law, these Measures are formulated in accordance with the Patent Law, the Patent Agency Regulations and the relevant provisions of the State Council.

Article 2 China National Intellectual Property Administration and the intellectual property offices of provinces, autonomous regions and municipalities directly under the Central Government shall manage and supervise patent agencies and patent agents in accordance with the Patent Law, the Regulations on Patent Agents and these Measures.

The All-China Patent Agents Association shall organize and guide patent agencies and patent agents to implement the Patent Law, the Regulations on Patent Agents and these Measures in an exemplary manner, standardize their professional practices, strictly enforce industry self-discipline, and continuously improve the service level of the industry.

Chapter II Patent Agencies and Their Offices

Establishment, change, closure and revocation

Article 3 The organizational form of a patent agency is a partnership patent agency or a limited liability patent agency.

A partnership patent agency shall be initiated by more than three partners and a limited liability patent agency shall be initiated by more than five shareholders.

The partners of a partnership patent agency shall bear unlimited joint liability for the debts of the patent agency; Patent agencies with limited liability system shall be liable for their debts with all their assets.

Article 4 The establishment of a patent agency shall meet the following conditions:

(a) the name of the institution that meets the provisions of Article 7 of these Measures;

(2) Having a partnership agreement or articles of association;

(3) Having partners or shareholders who meet the requirements of Articles 5 and 6 of these Measures;

(4) Having the necessary funds. The capital for establishing a partnership patent agency shall not be less than RMB 50,000; The capital for establishing a limited liability patent agency shall not be less than RMB 654.38+10,000;

(5) Having a fixed office space and necessary working facilities.

Where a law firm applies for patent agency business, there shall be more than three full-time lawyers with patent agent qualifications practicing in the law firm.

Article 5 A partner or shareholder of a patent agency shall meet the following conditions:

(1) Having the qualification of patent agent;

(2) Having more than 2 years' experience in patent agency practice;

(3) Being able to engage in full-time patent agency business;

(four) the age of applying for the establishment of a patent agency is not more than 65 years old;

(5) Good conduct.

Article 6 No one may become a partner or shareholder of a patent agency under any of the following circumstances:

(a) does not have full capacity for civil conduct;

(two) working in state organs or enterprises and institutions, has not yet officially gone through the formalities of resignation, dismissal or retirement;

(3) Having been a partner or shareholder of other patent agencies for less than 2 years;

(4) Having been punished by informed criticism as stipulated in Article 5 of the Rules for Punishment of Patent Agents (Trial) or having his practice certificate revoked for less than 3 years;

(5) Being subject to criminal punishment (except negligent crime).

Article 7 A patent agency can only enjoy and use one name.

The name of a patent agency shall consist of the name of the city where the agency is located, the trademark name, the patent agency, the patent agency co., ltd. or the intellectual property agency or the intellectual property agency co., ltd. Its name shall not be the same as or similar to the name of the patent agency that is in use or has been used nationwide.

A law firm that undertakes patent agency business may use the name of the law firm.

Article 8 To establish a patent agency, the following application materials shall be submitted:

(a) the application form for the establishment of a patent agency;

(2) the partnership agreement or articles of association of the patent agency;

(3) capital verification certificate;

(4) A copy of the patent agent's qualification certificate and identity card;

(five) a copy of the resume and personnel file custody certificate and retirement certificate;

(six) proof of office space and working facilities;

(7) Other necessary documents.

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 in charge of the law firm agreeing to start the patent agency business;

(3) the partnership agreement or articles of association of the law firm;

(four) a copy of the practice license of the law firm and proof of funds;

(5) A copy of the lawyer's practice certificate, patent agent's qualification certificate and identity card of the patent agent;

(six) proof of office space and working facilities;

(7) Other necessary documents.

The above certification materials shall be the certification materials issued within 6 months before applying for the establishment of a patent agency or starting the patent agency business.

Article 9 The examination and approval procedures for establishing a patent agency are as follows:

(1) To apply for the establishment of a patent agency, an application shall be submitted to the local intellectual property office of the province, autonomous region or municipality directly under the Central Government. Upon examination, if the intellectual property offices of provinces, autonomous regions and municipalities directly under the Central Government consider that they meet the requirements stipulated in these Measures, they shall report to China National Intellectual Property Administration for approval within 30 days from the date of accepting 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.

(2) China National Intellectual Property Administration shall, within 30 days from the date of receiving the submitted materials, make an approval decision on the application that meets the conditions stipulated in these Measures, notify the intellectual property offices of provinces, autonomous regions and municipalities directly under the Central Government, and issue the registration certificate and organization code of patent agency to the newly established institutions; 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.

The law firm applying for patent agency business shall conduct examination and approval with reference to the above provisions.

Article 10 Where a patent agency changes its name, address, articles of association, partners or shareholders, it shall apply to China National Intellectual Property Administration and report to the intellectual property offices of provinces, autonomous regions and municipalities directly under the Central Government. The change will take effect after China National Intellectual Property Administration approves it.

Article 11 Where a patent agency closes down or cancels its business, it shall, after properly handling all outstanding matters, apply to the local intellectual property office of the province, autonomous region or municipality directly under the Central Government. Upon examination and approval, the registration certificate and identification card of the patent agency shall be returned to the intellectual property offices of provinces, autonomous regions and municipalities directly under the Central Government, and the formalities for suspension or cancellation shall be handled in China National Intellectual Property Administration.

Article 12 Where a patent agency establishes an office in this province, it shall apply to the intellectual property offices of the provinces, autonomous regions and municipalities directly under the Central Government where it is located. After approval, the intellectual property offices of provinces, autonomous regions and municipalities directly under the Central Government shall report to China National Intellectual Property Administration for the record.

Where a patent agency establishes an inter-provincial office, it shall, after obtaining the consent of the intellectual property office of the province, autonomous region or municipality directly under the Central Government, apply to the intellectual property office of the province, autonomous region or municipality directly under the Central Government where the office is located. After approval, the Intellectual Property Office of the province, autonomous region or municipality directly under the Central Government where the office is located shall report it to China National Intellectual Property Administration for the record.

Article 13 A patent agency applying for the establishment of an office shall meet the following conditions:

(1) It has been established for more than 2 years;

(2) Having more than 0 patent agents 10;

(3) Having passed the annual inspection of the previous year.

Article 14 An office of a patent agency shall meet the following conditions:

(a) there are more than two full-time patent agents stationed in or employed by patent agencies;

(2) Having a fixed office space and necessary funds;

(3) The name of the office consists of the full name of the patent agency, the name of the city where the office is located and the "office".

Article 15 The intellectual property offices of provinces, autonomous regions and municipalities directly under the Central Government may stipulate other conditions and procedures for patent agencies to set up offices within their respective administrative areas, and report the relevant provisions to China National Intellectual Property Administration for the record.

Article 16 An office of a patent agency shall not handle the patent agency business in its own name, and its personnel, finance and business shall be under the unified management of the patent agency to which it belongs. Patent agencies shall bear civil liability for the business activities of their offices.

Where a patent agency sets up offices across provinces, its offices shall accept the guidance and supervision of the intellectual property offices of the provinces, autonomous regions and municipalities directly under the Central Government where it is located.

Article 17 If an office is closed or cancelled, an application shall be filed with the intellectual property office of the province, autonomous region or municipality directly under the Central Government where the office is located after properly handling all outstanding matters. If it is approved, the Intellectual Property Office shall report it to China National Intellectual Property Administration for the record, and send a copy to the intellectual property offices of provinces, autonomous regions and municipalities directly under the Central Government where the patent agency is located.

Where a patent agency is revoked or closed, its office shall be terminated at the same time.

Chapter III Practice of Patent Agents

Article 18 A patent agent shall be entrusted by an approved patent agency and hold a patent agent's practice certificate.

Article 19 When a patent agency employs a patent agent, it shall sign an employment agreement with the employed patent agent on the basis of voluntariness and consensus through consultation. Both parties to a labor contract shall abide by and perform the labor contract.

Article 20 A patent agent's practice certificate shall meet the following conditions:

(1) Having the qualification of patent agent;

(2) Being able to engage in full-time patent agency business;

(3) Having no experience in patent agency or patent examination, having been practicing in a patent agency continuously for 1 year and having participated in on-the-job training;

(4) being employed by a patent agency;

(five) the age at the time of issuance is not more than 70 years old;

(6) Good conduct.

Article 21 A patent agent's practice license shall not be issued under any of the following circumstances:

(a) does not have full capacity for civil conduct;

(two) before the application, he practiced in other patent agencies, but he was not dismissed by the patent agency, and did not go through the formalities for cancellation of the patent agent's practice license;

(3) changing the patent agency less than 1 year after obtaining the patent agency practice certificate;

(4) Being punished by the revocation of the patent agent's practice certificate as stipulated in Article 5 of the Rules on Punishment of Patent Agents (Trial) for less than 3 years;

(5) Being subject to criminal punishment (except negligent crime).

Article 22 To apply for the issuance of a patent agent's practice license, the following materials shall be submitted:

(a) the patent agent's practice certificate application form;

(2) A copy of the patent agent's qualification certificate and ID card;

(three) a copy of the certificate of keeping the personnel files or the certificate of divorce and retirement;

(4) Employment agreement issued by the patent agency;

(5) If you practice in another patent agency before the application, you shall submit the dismissal certificate of the patent agency;

(six) for the first time to apply for the issuance of a patent agency practice certificate, it shall submit the internship certificate issued by the patent agency where the internship is located and the certificate of participation in on-the-job training.

Article 23 China National Intellectual Property Administration entrusts the All-China Association of Patent Agents to be responsible for the issuance, alteration and cancellation of the practice certificate of patent agents.

Article 24 The All-China Patent Agents Association, after examination, considers that the application for issuing a patent agent's practice license meets the conditions stipulated in these Measures, and shall issue a patent agent's practice license within 05 days from the date of receiving the application; If it is considered that it does not meet the requirements, it shall notify the applicant in writing within 15 days from the date of receiving the application.

Article 25 Where a patent agency dismisses a patent agent, it shall notify the patent agent 30 days in advance; If a patent agent resigns, it shall notify his patent agency 30 days in advance.

Where a patent agency terminates its employment relationship with a patent agent, the patent agency shall withdraw its patent agent's practice certificate, issue a dismissal certificate, and go through the cancellation procedures of the patent agent's practice certificate at the All-China Patent Agents Association within 10 days from the date of issuing the dismissal certificate.

Article 26 Where a patent agency is revoked or closed, it shall, within 65,438+00 days from the date of obtaining the approval from the intellectual property offices of provinces, autonomous regions and municipalities directly under the Central Government, withdraw all its patent agent practice licenses, and go through the cancellation procedures for patent agent practice licenses with the All-China Patent Agents Association.

Article 27 The All-China Patent Agents Association shall, within 5 days from the date of issuing, changing or canceling the practicing certificate of patent agents, put on record in China National Intellectual Property Administration and submit relevant materials, and send a copy to the intellectual property offices of provinces, autonomous regions and municipalities directly under the Central Government where the patent agencies are located.

Article 28 A person who does not hold a patent agent's practice license may not engage in patent agency business in the name of a patent agent for the purpose of obtaining economic benefits.

Article 29 When undertaking patent agency business, a patent agent shall accept the entrustment in the name of the patent agency to which it belongs, conclude a written entrustment contract with the client, collect fees uniformly and record them truthfully. A patent agent may not accept the entrustment to handle the patent agency business without permission and collect fees.

Chapter IV Patent Agencies and

Annual inspection of patent agents

Article 30 China National Intellectual Property Administration is responsible for organizing and guiding the annual inspection of patent agencies and patent agents, and entrusting the intellectual property offices of all provinces, autonomous regions and municipalities directly under the Central Government and the National Defense Patent Office to carry out the annual inspection of patent agencies and patent agents.

All approved patent agencies and law firms offering patent agency services shall participate in the annual inspection. The office of a patent agency shall participate in the annual inspection together with its patent agency, and copy the relevant materials to the intellectual property offices of provinces, autonomous regions and municipalities directly under the Central Government where the office is located.

The All-China Patent Agents Association cooperates with the annual inspection of patent agencies and patent agents.

Article 31 The annual inspection of patent agencies and patent agents shall be conducted once a year from September 1 day to 1 October1day.

Article 32 The annual inspection contents of patent agencies and patent agents include:

(a) whether the patent agency meets the conditions for the establishment of these measures;

(2) Whether the partners or shareholders of the patent agency meet the conditions stipulated in these Measures;

(three) whether the patent agent practicing in the patent agency holds the patent agent's practice certificate and participates in the practice training as required;

(four) whether the patent agency and patent agent have any illegal acts listed in Articles 6, 7 and 8 of the Disciplinary Rules for Patent Agents (Trial);

(five) the number of patent agency business since the completion of the previous annual inspection;

(six) the financial situation of the patent agency;

(seven) other contents that should be inspected annually.

Article 33 A patent agency shall submit the following annual inspection materials:

(1) Registration forms for annual inspection of patent agencies and patent agents;

(two) the work report of the patent agency;

(3) A copy of the registration certificate of the patent agency;

(4) Practice certificate of patent agent;

(5) Financial statements;

(6) Other documents that need to be submitted.

The work report of a patent agency shall fully reflect the contents stipulated in Article 32 of these Measures.

Thirty-fourth patent agencies and patent agents found to be inconsistent with the provisions of these measures after annual inspection, the intellectual property offices of provinces, autonomous regions and municipalities directly under the Central Government shall order them to make corrections within a time limit; If no correction is made within the time limit, the conclusion that the annual inspection is unqualified shall be given.

If a patent agency or patent agent finds any violation of laws and regulations listed in Articles 6, 7 and 8 of the Disciplinary Rules for Patent Agents (Trial) after annual inspection, it may submit it to the disciplinary committees of patent agencies of all provinces, autonomous regions and municipalities directly under the Central Government for punishment.

Article 35 Where the annual inspection is qualified, the intellectual property offices of all provinces, autonomous regions and municipalities directly under the Central Government shall affix the annual inspection seal to the registration certificate of the patent agency and the practice certificate of the patent agent practicing in the agency; If the annual inspection is unqualified, it shall be stamped with the seal of unqualified annual inspection.

Patent agencies that fail to participate in the annual inspection or fail to pass the annual inspection shall not handle new patent agency business in China National Intellectual Property Administration and local intellectual property offices before passing the annual inspection next year.

Article 36 The intellectual property offices of all provinces, autonomous regions and municipalities directly under the Central Government shall, within 10 days from the date of completing the annual inspection of patent agencies and patent agents, report the annual inspection summary and annual inspection registration form to China National Intellectual Property Administration for the record, and send the annual inspection results of patent agents' practice certificates to the All-China Patent Agents Association for the record.

China National Intellectual Property Administration will announce the annual inspection results of patent agencies and patent agents to the public.

Article 37 The staff of the Intellectual Property Offices of China National Intellectual Property Administration, provinces, autonomous regions and municipalities directly under the Central Government and the All-China Patent Agents Association shall keep confidential the contents that are not disclosed in the annual inspection of patent agencies.

Chapter V Supplementary Provisions

Thirty-eighth approach by China National Intellectual Property Administration is responsible for the interpretation of.

Article 39 These Measures shall come into force as of July 5, 2003.