Patent agency regulations

(On March 4, 1991, the State Council Order No. 76 of the People's Republic of China was promulgated and approved at the 23rd executive meeting of the State Council on September 6, 2018. The State Council Order No. 706 of November 6, 2018 was promulgated, since 2019. It will take effect on March 1.)
Chapter 1 General
Article 1 In order to regulate the behavior of patent agents, protect the legitimate rights and interests of principals, patent agencies and patent attorneys, maintain the normal order of patent agency activities, and promote the healthy development of the patent agency industry, according to the Patent Law of the People's Republic of China, Regulations.
Article 2 The term "patent agent" as used in these Regulations refers to the act of the patent agency accepting the entrustment and handling the patent application and the invalidation of the patent right within the scope of the agent's authority in the name of the principal.
Article 3 Any unit or individual may apply for patents and other patent matters at home, or may entrust a patent agency established according to law, except as otherwise provided by law.
The patent agency shall handle the patent affairs in accordance with the entrustment of the principal.
Article 4 Patent agencies and patent attorneys shall abide by laws and administrative regulations, abide by professional ethics and practice discipline, and safeguard the legitimate rights and interests of the principal.
Patent agencies and patent attorneys are legally protected by law.
Article 5 The patent administration department under the State Council shall be responsible for the administration of patent agents throughout the country.
The administrative department of patents of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the administration of patent agents within their respective administrative regions.
Article 6 Patent agencies and patent attorneys may establish and participate in patent agency industry organizations according to law.
The patent agency industry organization shall formulate the self-discipline of the patent agency industry. The patent agency industry self-regulation norms must not contravene laws and administrative regulations.
The patent administration department under the State Council shall supervise and guide the patent agency industry organization according to law.
Chapter II Patent Agency and Patent Attorney
Article 7 The organization form of a patent agency shall be a partnership enterprise or a limited liability company.
Article 8 A patent agency in the form of a partnership enterprise or a limited liability company shall have the following conditions for engaging in patent agency business:
(1) having the name of a patent agency that meets the requirements of laws and administrative regulations;
(2) having a written partnership agreement or company charter;
(3) having an independent business place;
(4) The partners and shareholders are in compliance with relevant state regulations.
Article 9 In engaging in patent agency business, an application shall be submitted to the patent administration department under the State Council, relevant materials shall be submitted, and a practice license for a patent agency shall be obtained. The patent administration department under the State Council shall, within 20 days from the date of accepting the application, make a decision on whether to issue a practice license for a patent agency.
Where the matters such as a partner, shareholder or legal representative of a patent agency change, the formalities for change shall be handled.
Article 10 Chinese citizens who have a college degree or above in science and engineering with a higher education degree may take the national patent agent qualification examination; if the examination is qualified, the patent administration authority of the State Council shall issue a patent agent qualification certificate. The patent agent qualification examination method shall be formulated by the patent administration department under the State Council.
Article 11 A patent attorney shall obtain a patent agent qualification certificate, have an internship in a patent agency for one year, and practice in a patent agency.
Article 12 A patent agent shall practise for the first time and shall, within 30 days from the date of practising, file a record with the administrative department of patents of the people's government of the province, autonomous region or municipality directly under the Central Government where the patent agency is located.
The administrative department of patents of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall provide convenience for patent agents to file records through the Internet.
Chapter III Patent Agency Practice
Article 13 A patent agency may accept a patent, apply for a patent application, declare a patent right, transfer a patent application right or a patent right, and conclude a patent implementation license contract, etc., and may also provide consulting on patent matters at the request of the parties.
Article 14 When accepting an entrustment, a patent agency shall conclude a written entrustment contract with the entrusting party. After the patent agency accepts the entrustment, it may not accept the entrustment of other parties with conflicts of interest for the same patent application or patent right.
The patent agency shall assign a patent agent who is practising in the institution to undertake the patent agency business, and the designated patent agent himself and his close relatives shall not have any conflict of interest with the patent agency business they undertake.
Article 15 Where a patent agency is dissolved or revoked or its practice license is revoked, various patent agency services that have not yet been settled shall be properly handled.
Article 16 A patent attorney shall undertake a patent agency business in accordance with the designation of a patent agency, and shall not accept the commission on its own.
A patent attorney may not engage in patent agency business in more than two patent agencies at the same time.
The patent agent is responsible for the patent agency business of his signature.
Article 17 Patent agencies and patent attorneys shall have the obligation to keep secrets in addition to the patent applications that have been published or announced in the course of their practice.
Article 18 A patent agency and a patent attorney may not apply for a patent in their own name or request that the patent right be invalid.
Article 19 After leaving the post, the patent administration department of the State Council and the department of the local people's government that manages the patent work shall not engage in patent agency work within the time limit prescribed by laws and administrative regulations.
A patent attorney who has served in the patent administration department of the State Council or the department in charge of patent administration of the local people's government may not represent the patent application or patent case that has been examined, tried or processed.
Article 20 The fees charged by patent agencies shall follow the principles of voluntariness, fairness and good faith, taking into account economic and social benefits.
The state encourages patent agencies and patent attorneys to provide patent agency assistance services for small and micro enterprises and inventors and designers with no income or low income.
Article 21 The patent agency industry organization shall strengthen the self-discipline management of its members, organize the training of patent attorneys, professional ethics and practice discipline education, and impose disciplinary actions against members who violate the self-regulation of the industry.
Article 22 The administrative department of patents under the State Council and the administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall conduct random inspections and other means to inspect and supervise the practice activities of patent agencies and patent attorneys and find violations of these Regulations. They shall be dealt with in a timely manner according to law, and the inspection and handling results shall be announced to the public. Inspections are not subject to any fees.
Article 23 The administrative department of patents of the State Council and the administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall strengthen the publication of public information of patent agents, and provide inquiry services for the public to understand the operation of patent agencies and the practice of patent attorneys.
Chapter IV Legal Liability
Article 24 If the patent agency's practice license or patent agent qualification certificate is obtained by concealing the real situation and resorting to fraudulent means, the patent administration department under the State Council shall revoke the patent agency practice license and patent agent qualification certificate.
After the patent agency obtains the practice license, if the situation changes and no longer meets the conditions stipulated in these Regulations, the patent administration department under the State Council shall order it to rectify within a time limit; if it fails to correct or fails to rectify within the time limit, the practice license shall be revoked.
Article 25 Where a patent agency has one of the following acts, the department that manages the patent work 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, give a warning, and may impose a fine of less than 100,000 yuan; if the circumstances are serious or the overdue period has not been corrected The patent administration department under the State Council shall order the suspension of the new patent agency business for 6 months to 12 months until the patent agency license is revoked:
(1) The change of the matters such as the partner, the shareholder or the legal representative has not been changed;
(2) accepting the entrustment of other parties with conflicts of interest regarding the same patent application or patent right;
(3) Appointing a patent agent to undertake a patent agency business that has a conflict of interest with himself or his close relatives;
(4) divulging the client's invention and creation content, or applying for a patent in his own name or requesting that the patent right be invalid;
(5) Neglecting management, causing serious consequences.
If a professional agency leaks the client’s invention and creation content during the practice, involving disclosure of state secrets or infringement of trade secrets, or bribing the relevant administrative and judicial organs, providing false evidence, in accordance with relevant laws and administrative regulations. To assume legal responsibility; the patent administration department under the State Council shall revoke the practice license of the patent agency.
Article 26 If a patent agent has one of the following acts, the department that manages the patent work 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, give a warning, and may impose a fine of less than 50,000 yuan; if the circumstances are serious or the overdue period has not been corrected The patent administration department under the State Council shall order the suspension of the new patent agency business for 6 months to 12 months until the patent attorney qualification certificate is revoked:
(1) failing to file a record in accordance with the provisions of these Regulations;
(2) Accepting the entrustment of the patent agency business by itself;
(3) engaging in patent agency business in more than two patent agencies at the same time;
(4) Acting for patent applications or patent cases that have been examined, tried or handled in violation of the provisions of these Regulations;
(5) Leaking the client's invention and creation content, or applying for a patent in his own name or requesting that the patent right be invalid.
In the course of practicing, the patent agent leaks the client’s invention and creation content, which involves leaking state secrets, infringing on trade secrets, or bribing the relevant administrative and judicial organs to provide false evidence, in accordance with relevant laws and administrative regulations. To assume legal responsibility; the patent administration department of the State Council shall revoke the certificate of patent agent qualification.
Article 27 If a patent agency business is carried out without authorization in violation of the provisions of these Regulations, the department that manages the patent work by the people's government of the province, autonomous region or municipality directly under the Central Government shall order it to stop the illegal act, confiscate the illegal income, and impose a fine of 1 time or more and 5 times the illegal income. .
Article 28 If the staff of the patent administration department under the State Council or the administrative department of patents of the people's government of a province, autonomous region or municipality directly under the Central Government violates the provisions of these Regulations and abuses their powers, neglects their duties or engages in malpractices for personal gains, it shall be punished according to law; if it constitutes a crime, it shall be investigated according to law. criminal responsibility.
Chapter V Supplementary Provisions
Article 29 A foreign patent agency that establishes a permanent representative office within the territory of the People's Republic of China must be approved by the patent administration department under the State Council.
Article 30 A law firm may conduct patent-related business in accordance with laws and administrative regulations such as the Law of the People's Republic of China on Lawyers and the Civil Procedure Law of the People's Republic of China, but it shall comply with the application for patent application and the invalidation of patent rights. These regulations stipulate that the specific measures shall be formulated separately by the patent administration department under the State Council and the judicial administrative department of the State Council.
Article 31 The administrative measures for patent agencies and patent attorneys representing the defense patent affairs shall be separately formulated by the patent administration department under the State Council and the competent authority of the national defense patent agency.
Article 32 These Regulations shall come into force on March 1, 2019.
The patent agencies established in accordance with the law before the implementation of these Regulations and the patent attorneys legally practising may continue to carry out patent agency business in the name of patent agencies and patent attorneys after the implementation of these Regulations.