The Measures for the Administration of Patent Agencies shall be observed, among which:

Chapter III Practice of Patent Agents

Article 19 A patent agent shall be entrusted by an approved patent agency and hold a patent agent's practice certificate.

Article 20 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 the employment agreement shall abide by and perform the agreement.

Article 21 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 22 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 23 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 retirement certificate;

(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 24 The All-China Patent Agents Association shall be responsible for the issuance, alteration and cancellation of patent agents' practice certificates, and China National Intellectual Property Administration shall supervise and guide them according to law.

Article 25 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 26 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 27 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 28 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 29 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 seeking economic benefits.

Article 30 When undertaking patent agency business, a patent agent shall accept the entrustment in the name of the patent agency where he works, 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 patent agency business without permission and collect fees.