Questions and answers on the procedure of applying for patent agent's practice license

1. Q: What are the requirements for applying for a patent agent's practice license?

A: According to the Measures for the Administration of Patent Agents, a person applying for a patent agent's practice license shall meet the following conditions:

1) holds the patent agent qualification certificate;

2) Full-time engaged in patent agency business in patent agencies;

3) Internship in a patent agency 1 year, and participated in on-the-job training;

4) Sign an employment agreement (contract) with the patent agency;

5) The age when applying for the patent agent's practice license shall not exceed 70 years old;

6) Good conduct.

2. Q: What materials should be submitted when applying for the patent agent's practice license for the first time?

A: A person who applies for a patent agent's practice license for the first time shall submit the following materials on the patent management system:

1) Fill in the Registration Form of Patent Agent's Practice Information and the Evaluation Form of Patent Agent's Practice Behavior online.

2) Upload the scanned copy of the following materials in the attachment:

Employment Agreement (or Labor Contract) of Patent Agency

Patent agent qualification certificate

The applicant's identity card

The applicant's filing certificate issued by the talent exchange center; If the applicant is a retiree, a retirement certificate is required.

E if the applicant is a public official or an enterprise employee, the resignation certificate (or resignation certificate) issued by the original work unit shall be provided.

6 patent agent practice evaluation form (submitted when the application for practice and application are not in the same patent agency)

G. induction training certificate

After submitting the electronic parts and receiving the system notice of "Electronic parts are qualified, please submit paper parts", the patent agency will immediately submit or send the following materials to the Association:

1) application form for patent agent's practice certificate (form 1)

2) Registration Form of Patent Agent's Practice Information (Table 4)

3) Original employment agreement (or labor contract) of patent agency

4) Copy of patent agent qualification certificate

5) A copy of the applicant's ID card.

6) The original applicant's filing certificate issued by the talent exchange center.

7) If the applicant is a public official or enterprise employee, the original resignation certificate (or resignation certificate) issued by the original work unit shall be provided.

8) If the applicant is a retiree, a copy of the retirement certificate shall be provided.

9) Patent Agent Practice Evaluation Form (Table 5)

10) copy of induction training certificate

1 1) Two recent color photos (two inches smaller)

12) technical service fee for practicing certificate and electronic practicing certificate 100 yuan.

3. Q: What should I pay attention to when filling out the registration form of patent agent's practice information online?

A: The registration form of patent agent's practice information is the basic source for establishing and perfecting the patent agent database, which needs the cooperation of each patent agent and careful filling. Pay attention to the following items when filling in the form:

1) education experience should be written from the university, and it should be clear that it is a junior college, an undergraduate course, etc.

2) The position in the work experience cannot be empty; Internship experience should be included in work experience;

3) The years of work experience should be continuous. In principle, if there are stages of time, how to work should also be clearly stated in the form;

4) The column of political outlook needs to be filled in. Please fill in one of the following options according to your actual situation: party member, party member, member of the Communist Youth League, member of the Chinese Revolutionary Committee, member of NLD, member of the Democratic National Construction Association, member of the Jiu San Society, party member of the Agricultural Workers' Party, party member of Zhi Gong Dang, member of the Democratic Progressive Party party member, member of the Taiwan Alliance, personage without party affiliation and the masses. Please fill in the above information truthfully.

5) "Qualification certificate type": "country" refers to the qualification certificate obtained by taking the national patent agent examination; "In the province" refers to the qualification certificate obtained by enjoying the preferential policy of patent agent qualification examination; "Issuing" refers to the qualification certificate obtained after approval.

6) "Other professional qualifications" refers to qualification certificates such as lawyers, evaluation, trademarks and judicial expertise.

7) "Social position" refers to members of the CPPCC, deputies to the National People's Congress, people's jurors and other people with social positions.

8) "Technical expertise" refers to the agency business content of a certain technical field undertaken or good at by patent agents in institutions.

9) "File storage place" refers to the provinces and cities where personnel files are stored.

10) "file storage unit": refers to the specific file storage unit name.

1 1) "contact person of file storage unit": refers to the name of the contact person of a specific file storage unit. If you can't provide a name, please fill in "None".

4. Q: What should be included in the personnel record certificate?

Answer: The contents of the personnel filing certificate should include the name of the personnel file storage unit (talents at all levels, job introduction centers, street offices), the filing number, the starting and ending time, the nature of the storage (the filing nature is "individual filing" or the filing nature of the "collective file" set up in the filing agency in the name of the firm can be "collective filing"), and whether there is any record of dismissal from public office.

5. Q: Are there any requirements for the validity period of the filing certificate issued by the talent exchange center?

A: According to the Measures for the Administration of Patent Agents, the issuance time of the relevant personnel's file keeping certificate should be within six months before submitting the application for patent agent's practice certificate. For example, the application date of the patent agent's practice certificate submitted on July 1 2009 should be between June 1 2009 and July 1 2009. According to the provisions of the Measures for the Administration of Patent Agents, the filing certificate issued before June 65438+ 10/2009 is deemed invalid.

6. Q: Is there a standard text for the employment agreement, dismissal certificate and filing certificate?

A: In order to standardize the issuance of patent agents' practice licenses, the All-China Patent Agents Association has formulated and provided corresponding reference documents for patent agents' practice licenses, and published them on the website of the All-China Patent Agents Association (www.acpaa.cn). Please log on to the website of the Association and search for "Application for Practice License of Agent" in the column of "Industry Management" and download it.

7. Q: When applying for a patent agent's practice license, you can't provide the original employment agreement (labor contract) of the patent agency. What document can I use instead?

Answer: If the original employment agreement (labor contract) of the patent agency cannot be provided when applying for the patent agent's practice license, a copy can be provided, but the copy should be stamped with the seal of the patent agency.

8. Q: What materials should be submitted to change the patent agency's application for patent agent's practice license?

A: Before changing a patent agency, the practice certificate of the last patent agency should be cancelled.

To change a patent agency and apply for a patent agent's practice license, the following materials shall be submitted in the patent management system:

1) Fill in the registration form of patent agent's practice information online.

2) Upload the scanned copy of the following materials in the attachment:

Employment Agreement of Patent Agency (Labor Contract)

Patent agent qualification certificate

The applicant's identity card

The applicant's filing certificate issued by the talent exchange center; If the applicant is a retiree, a retirement certificate is required.

After submitting the electronic parts and receiving the system notice of "Electronic parts are qualified, please submit paper parts", the patent agency will immediately submit or send the following materials to the Association:

1) application form for renewal/replacement of patent agent's practice certificate (Table 2)

2) Registration Form of Patent Agent's Practice Information (Table 4)

3) Original employment agreement (labor contract) of patent agency

4) Copy of patent agent qualification certificate

5) Copy of the applicant's ID card

9) The applicant's filing certificate issued by the talent exchange center.

10) If the applicant is a retiree, a copy of the retirement certificate is required.

1 1) A recent color photo (2 inches).

12) Technical service fee for practicing certificate and electronic practicing certificate 150 yuan.

9. Q: What materials do shareholders/partners need to submit when applying for the practice license of a newly established patent agency?

A: In the newly established patent agency, the shareholders/partners applying for practicing license shall submit the following materials in the patent management system:

1) Fill in the registration form of patent agent's practice information online.

2) Upload the scanned copy of the following materials in the attachment:

Patent agent qualification certificate

The applicant's identity card

The applicant's filing certificate issued by the talent exchange center; If the applicant is a retiree, a retirement certificate is required.

After submitting the electronic parts and receiving the system notice of "Electronic parts are qualified, please submit paper parts", the patent agency will immediately submit or send the following materials to the Association:

1) application form for renewal/replacement of patent agent's practice certificate (Table 2)

2) Registration Form of Patent Agent's Practice Information (Table 4)

3) Copy of patent agent qualification certificate

4) Copy of the applicant's ID card

5) A copy of the applicant's filing certificate issued by the talent exchange center.

6) If the applicant is a retiree, a copy of the retirement certificate shall be provided.

7) A recent color photo (two inches smaller)

8) Technical service fee for practicing certificate and electronic practicing certificate 150 yuan.

10, Q: What materials should be submitted if the original license is lost or damaged?

Answer: To apply for changing the patent agent's practice license, the following materials shall be submitted in the patent management system:

1) Fill in the registration form of patent agent's practice information online.

2) Upload the scanned copy of the following materials in the attachment:

Employment Agreement of Patent Agency (Labor Contract)

Patent agent qualification certificate

The applicant's identity card

D. Personal description of the loss or damage of the original practice certificate (my signature or seal)

E. Patent agency certificate with lost or damaged original practice license.

After submitting the electronic parts and receiving the system notice of "Electronic parts are qualified, please submit paper parts", the patent agency will immediately submit or send the following materials to the Association:

1) application form for renewal/replacement of patent agent's practice certificate (Table 2)

2) Registration Form of Patent Agent's Practice Information (Table 4)

3) Original employment agreement (labor contract) of patent agency

4) Copy of patent agent qualification certificate

5) Copy of the applicant's ID card

6) The original statement of the individual on the loss or damage of the original practicing certificate (signed or sealed by himself)

7) The original certificate of the patent agency that the original practice license is lost or damaged.

8) A recent color photo (two inches smaller)

9) Technical service fee for practicing certificate and electronic practicing certificate in 50 yuan.

1 1. Q: What materials should be submitted if the patent agent's practice license needs to be renewed due to the name change of the patent agency?

A: When a patent agency changes its name and issues a new license for patent agents, it shall submit the following materials in the patent management system:

1) Fill in the registration form of patent agent's practice information online.

2) Upload the scanned copy of the following materials in the attachment:

Notice on agreeing to change the registered items of XX agency issued by the Patent Agency Management Office of China National Intellectual Property Administration Legal Department;

Original practice certificate of patent agent

After submitting the electronic parts and receiving the system notice of "Electronic parts are qualified, please submit paper parts", the patent agency will immediately submit or send the following materials to the Association:

1) application form for renewal/replacement of patent agent's practice certificate (Table 2)

2) Registration Form of Patent Agent's Practice Information (Table 4)

3) A copy of the Notice on Approving the Change of Registration Matters of XX Agency issued by the Patent Agency Management Office of China National Intellectual Property Administration Law Office;

4) Original practice certificate of patent agent

5) A recent color photo (2 inches smaller)

6) Technical service fee for practicing certificate and electronic practicing certificate in 50 yuan.

If the original practice license is lost or damaged, please follow the situation of reissued practice license.

12, q: under what circumstances will the patent agent's practice certificate not be issued?

Answer: In any of the following circumstances, the patent agent's practice certificate shall not be issued:

1) does not have full capacity for civil conduct;

2) The original patent agency has not been dismissed, and the practice license of the original patent agent has not been cancelled;

3) Change the patent agency less than 1 year after obtaining the practice certificate of patent agent;

4) Being punished by revoking the patent agent's practice license for less than 3 years and canceling the patent agent's qualification as stipulated in Article 5 of the Disciplinary Rules for Patent Agents (Trial);

(five) subject to criminal punishment (except for negligent crimes);

6) Can't engage in patent agency business full-time;

7) At least 70 years old when applying for the patent agent's practice license for the first time;

8) Upon verification, the relevant certification documents for applying for the patent agent's practice license are not true;

9) Laws, regulations and departmental rules stipulate that the patent agent's practice license shall not be issued.

13, q: under what circumstances is it necessary to cancel the patent agent's practice certificate?

A: In any of the following circumstances, it is necessary to go through the formalities of canceling the patent agent's practice license:

1) If 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 with the All-China Patent Agents Association within 10 days from the date of issuing the dismissal certificate.

2) If a patent agency closes down or is revoked, it shall, within 65,438+00 days from the date of the announcement of revocation approval issued by China National Intellectual Property Administration, have all the patent agency's practice licenses revoked, and go through the cancellation procedures for the patent agency's practice licenses at the All-China Patent Agents Association.

(3) Where a patent agent loses capacity or dies, the patent agency to which he belongs shall take back his patent agent's practice certificate in time and go through the cancellation procedures with the All-China Patent Agents Association.

4) Where a patent agent establishes labor relations or personnel relations with other units and organizations other than its practice institution, it shall take the initiative to apply for cancellation of its patent agent practice license and go through relevant formalities with the All-China Patent Agents Association.

5) If the patent agent qualification certificate is revoked or revoked, the patent agency where it belongs shall promptly withdraw its patent agent practice certificate and go through the cancellation procedures with the All-China Patent Agents Association.

6) According to the relevant laws and regulations, if a patent agent is not allowed to continue to engage in the patent agency business, the patent agency where he works shall take back his patent agent's practice certificate in time and go through the cancellation procedures of the patent agent's practice certificate with the All-China Patent Agents Association.

14, q: what materials do I need to submit to cancel the patent agent's practice certificate?

Answer: To cancel the patent agent's practice certificate, the following materials shall be submitted in the patent management system:

1) Fill in the Application Form for Cancellation of Patent Agent's Practice Certificate online.

2) Upload the scanned copy of the following materials in the attachment:

The patent agent's practice certificate was cancelled.

The dismissal certificate issued by the patent agency.

After submitting the electronic parts and receiving the system notice of "Electronic parts are qualified, please submit paper parts", the patent agency will immediately submit or send the following materials to the Association:

1) Application Form for Cancellation of Patent Agent's Practice Certificate (Table 3)

2) The original patent agent's practice certificate was cancelled.

3) The original rejection certificate issued by the patent agency

Precautions:

1) If the practicing certificate of the patent agent to be cancelled is lost or damaged, the original personal statement (my signature or seal) shall be submitted at the same time.

2) The original explanation of the loss or damage of the practice license issued by the patent agency.

3) If he is a shareholder (partner) of a patent agency or the person in charge of a branch, he may apply for cancellation after going through the formalities of change registration in the Legal Department of China National Intellectual Property Administration.

4) If it is necessary to cancel the patent agent's practice license due to the cancellation of the patent agency, it may apply for cancellation after issuing a cancellation notice in China National Intellectual Property Administration.

5) He/she is a double-certificate person (lawyer qualification certificate and patent agent qualification certificate) of a law firm that has filed the national intellectual property rights record, and can apply for cancellation after going through the formalities of change registration in China National Intellectual Property Administration Legal Department.

15. Q: What are the requirements for personal information when the practice certificate is lost or damaged?

Answer: If the patent agent's practice license is lost or damaged, and it is necessary to reissue the patent agent's practice license, in addition to the written certificate required by the patent agency, the holder must also submit a written statement (with his signature or seal). The contents of the description shall include: my name, the institution to which I belong, the number of the patent agent's qualification certificate and the number of the patent agent's practice certificate, the reasons for the loss or damage, and the contents of declaring that the lost or damaged certificate is invalid. Among them, the application for replacement due to damage shall be returned to the original patent agent's practice certificate.

16. Q: What kind of internship certificate should a person who obtained the patent agent qualification certificate before 20 10/1and has been practicing in a patent agency for one year submit when applying for the patent agent practice certificate for the first time?

A: According to the Implementation Opinions on the Measures for the Administration of Patent Agents' Practice (Trial) issued by the All-China Patent Agents Association 201kloc-0/,the Patent Agents' Practice Evaluation Form (Table 5) is regarded as the practice certificate of relevant patent agency business. Therefore, from now on, the evaluation form of patent agent's actual internship is the internship certificate stipulated in the Measures for the Administration of Patent Agents. This form can be downloaded from the website of the All-China Patent Agents Association.

The Implementation Opinions on the Measures for the Administration of Patent Agents' Practice (Trial) will further clarify the requirements in the process of patent agents' practice. By filling in this form, interns are required to sum up their internship experience in the past year and make clear their future work direction; At the same time, the person in charge of the patent agency is required to evaluate the internship of the person and put forward the opinions on handling the patent agent's practice certificate for him.

18, q: how do people who apply for the patent agent's practice certificate obtain the on-the-job training certificate?

A: According to the Measures for the Administration of Patent Agents, those who apply for a patent agent's practice license for the first time should attend on-the-job training and obtain a certificate of on-the-job training. On-the-job training certificate is the proof of attending on-the-job training courses organized by the All-China Patent Agents Association. The All-China Patent Agents Association will hold several induction training courses every year as needed, and release the relevant training course information to the public on the website of the All-China Patent Agents Association in the first quarter. 20 1 1 The induction training course consists of seven sessions. For details, please pay attention to www.acpaa.cn, the website of the All-China Patent Agents Association.

19, Q: Do people who have worked as patent agents need to attend induction training?

A: According to the Measures for the Administration of Patent Agents, induction training is aimed at those who are engaged in patent agency work for the first time. When those who have already engaged in patent agency work start to engage in patent agency work again, induction training is not needed. Therefore, people who have worked in the previous patent agency (before decoupling and restructuring), regardless of whether they hold full-time or part-time work permits, do not need to provide on-the-job training certificates and internship certificates when applying for a new patent agency practice certificate. The materials for applying for a patent agent's practice license shall be submitted according to the change of the patent agency, and the original work permit shall be returned; If the original work permit is lost, relevant experience certificates issued by the employing patent agency and the local intellectual property office shall be submitted.

20. Q: Is there any geographical restriction on applying for a patent agent's practice license after obtaining the patent agent qualification certificate?

Answer: Whether the personnel who enjoy the preferential policy of the patent agent qualification examination have geographical restrictions when applying for the patent agent practice license after obtaining the patent agent qualification certificate should conform to the spirit of the preferential policy of the qualification examination, that is, practicing in the patent agency in their own province. When applying for a patent agent's practice license, it shall be handled in accordance with the relevant provisions of China National Intellectual Property Administration.

2 1. Q: Can I apply for a patent agent's practice license during the annual inspection?

A: According to Article 31 of the Measures for the Administration of Patent Agents, the annual inspection of patent agencies and patent agents is conducted once a year from September 1 day to1October 3 1 day. During the annual inspection (from September 65438+ 10 to June 65438+ 10/3 1), the formalities for changing the patent agent into a patent agency shall be suspended. However, patent agents who have gone through the dismissal formalities with the patent agency before August 3 1 of that year are not subject to this restriction, and those who apply for the patent agent's practice certificate for the first time and cancel the patent agent's practice certificate are not subject to this restriction.

22. Q: How to pay the technical service fee for the practice certificate and electronic practice certificate?

Answer: When applying for the patent agent's practice certificate for the first time, the technical service fee for the practice certificate and electronic practice certificate should be 100 yuan;

When applying for a patent agent's practice license when changing the patent agency, the technical service fee for the practice certificate and electronic practice certificate is 150 yuan;

If the original practice certificate is lost or damaged, when applying for a replacement of the patent agent's practice certificate, 50 yuan shall pay the technical service fee for the practice certificate and electronic practice certificate;

In 50 yuan, if it is necessary to renew the patent agent's practice certificate due to the name change of the patent agency, it shall pay the technical service fee for the practice certificate and the electronic practice certificate.

There are three ways to pay the technical service fee for practicing certificate and electronic practicing certificate:

1) to the All-China Patent Agents Association (Address: Finance Room 507, Lunyang Building, No.6 North Third Ring Road, Xicheng District, Beijing);

2) Bank remittance (Bank-China Bank Head Office Sales Department; Account number-778350009411; Account name-All-China Patent Agents Association);

3) Post Office Remittance (Address-No.507, 5th Floor, Lunyang Building, No.6 North Third Ring Road, Xicheng District, Beijing; After100120; Account name-All-China Patent Agents Association).

If remittance is made by the second or third method, please indicate "applicant's name+handling fee" in the postscript.

23. Q: How can I download the application form for patent agent's practice license?

A: Please log on to the website of www.acpaa.cn All-China Patent Agents Association, click "Relevant Forms for Handling Practice License" in the "Industry Management" column on the left side of the page, and then select the forms 1, 2, 3, 4 and 5 from the application materials and download them.

Tip: Please fill in the application form and registration form one by one in strict accordance with the requirements.

24. Q: What is the mailing address of the paper materials for handling and canceling the practice license?

A: Mailing address: General Department, No.507, Lunyang Building, No.6 North Third Ring Road, Xicheng District, Beijing (100 120).