Patent Management

Original Language Title: 专利代理管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$19.99.
(June 6, 2003 the State intellectual property Office published 30th) Chapter I General provisions article in order to improve the patent system, maintain normal order of patent agency industry, protection of patent agents and patent attorneys practise according to law, in accordance with the patent law and the patent regulations and the relevant provisions of the State Council, these measures are formulated.
    Article II, State intellectual property office and various provinces, autonomous regions and municipalities directly under the intellectual property office in accordance with the patent law, the patent regulations and the measures applied to patent agency management and oversight, patent agents.
    All-China Patent Attorneys Association shall organize, guide, patent agencies and patent agent model for the implementation of the patent law, the patent Ordinance and these rules, regulate the practice of strict self-discipline, and constantly improve the level of service.
    Chapter II establishment of patent agencies and offices, change, suspension and revocation of patent agencies form partnership article patent agencies or limited liability companies patent Agency.
    Partnership patent Agency shall be shared by 3 or more partners launching, limited liability, a patent Agency shall be shared by more than 5 shareholders launched.
    Partnership patent agency partners bear unlimited joint and several liability for the debts of the patent agency; limited liability, a patent Agency to the Agency's entire assets are held accountable for their debts. Fourth section establishes a patent Agency shall comply with the following conditions: (a) comply with the provisions of article seventh name, (ii) has a partnership agreement or articles of Association; (c) the present measures stipulated in article fifth and sixth partners or shareholders and (iv) have the necessary funds.
    Partnership established a patent Agency shall have not less than 50,000 yuan of funds; the establishment of limited liability, a patent Agency shall have not less than 100,000 yuan Fund (v) have a fixed office space and necessary facilities.
    Law firms apply for patent Agency services, the law firm lawyer with the patent agent qualification should have more than 3 in.
    Fifth patent agency partner or shareholder shall comply with the following conditions: (a) the qualification of a patent agent, (ii) with at least 2 years experience in patent agency practice and (iii) specialized in patent Agency services; (d) when applying for the establishment of a patent Agency's age does not exceed 65 years; (e) good.
    Sixth article has following case one of of, shall not as patent agent institutions of partner or shareholders: (a) not has completely civil capacity of; (ii) in State or enterprises, and institutions work, yet official handle resigned, and dismissed or retired, and retired procedures of; (three) as another a patent agent institutions of partner or shareholders discontent 2 years of; (four) by patent agent disciplinary rules (pilot) fifth article provides of informed criticism or recovered patent agent practice industry card of disciplinary discontent 3 years of;
    (E) criminal penalties (criminal negligence).
    Article seventh patent agencies can enjoy and use only one name. Patent agency names should be under the authority of city names, font sizes, "Patent Office", "patent agent limited" or "intellectual property agency", "intellectual property agency".
    His name and not the whole country is using or has used the same font size as the patent agency or similar.
    Law firms offer patent Agency services, you can use the name of the law firm.
    Eighth article established patent agent institutions should submitted following application material: (a) established patent agent institutions application table; (ii) patent agent institutions of partnership agreement book or articles; (three) inspection funding proved; (four) patent agent qualification card and ID of copies; (five) personnel resume and the personnel archives store proved and retired documents copies; (six) Office places and work facilities of proved; (seven) other necessary of proved material. Lawyer firm application opened patent agent business of, should submitted following application material: (a) opened patent agent business application table; (ii) competent the lawyer firm of judicial administrative organ issued of agreed its opened patent agent business of communications; (three) lawyer firm partnership agreement book or articles; (four) lawyer firm practice industry license copies and funds proved; (five) patent agent of lawyer practice industry card, and patent agent qualification card and ID of copies; (six) Office places and work facilities of proved
    And (VII) other necessary supporting material.
    These documents should be in applying for the establishment of patent agencies or to start within 6 months before the patent agent certificate from the material. Nineth set up approval procedure of the patent agencies was as follows: (a) apply for the establishment of patent agencies, should be to the local application of the intellectual property offices of provinces, autonomous regions and municipalities.
    Upon examination, the provinces, autonomous regions and municipalities directly under the intellectual property office to meet the conditions as provided herein, shall from the date of receipt of the application within the 30th reported to the State intellectual property Office approved do not comply with the conditions as provided herein, shall from the date of receipt of the application within the 30th a written notice to the applicant.
    (Ii) national intellectual property Council on meet this approach provides conditions of application, should since received reported material of day up 30th within made approved decided, notification reported of province, and autonomous regions, and municipalities intellectual property Council, and to new established of institutions issued patent agent institutions registered card and institutions code; on not meet this approach provides conditions of application, should since received reported material of day up 30th within notification reported of province, and autonomous regions, and municipalities intellectual property Council again for review.
    Law firms apply for patent Agency services, reference to these provisions for approval. Article tenth patent agency changes its name or address, articles of Association, such as partners or shareholders register, shall apply to the State intellectual property office, and submitted to the province, autonomous region, municipality directly under the intellectual property office.
    Changes take effect after approval by the State intellectual property office. 11th patent agencies out of business, or revocation of, should deal with uncompleted matters, to the local intellectual property offices of the provinces, autonomous regions and municipalities directly under the application.
    Agreed by the review, shall a patent agency registration and identity cards back to the provinces, autonomous regions and municipalities directly under the intellectual property office, and to suspend or revoke formalities to the State intellectual property office. 12th the patent Agency to establish an Office in the province, shall apply to the seat of the province, autonomous region, municipality directly under the intellectual property office.
    Approved by provinces, autonomous regions and municipalities directly under the State intellectual property office intellectual property Office for the record. Set up offices, patent agencies across the province, shall be at the seat of its provinces, autonomous regions and municipalities directly under the consent of intellectual property rights, to the place of business of the province, autonomous region, municipality directly under the intellectual property application.
    Approved, by the place of business of the province, autonomous region, municipality directly under the State intellectual property office intellectual property Office for the record.
    13th establish an Office to apply for a patent Agency shall comply with the following conditions: (a) the establishment of 2 years or more; (b) with more than 10 patent agents, (iii) the adoption of its previous annual inspection.
    Article 14th patent agency offices shall comply with the following conditions: (a) have more than 2 from the patent agency accredited or hiring a professional patent agent, (ii) have a fixed office space and the necessary funds and (iii) name of the Office by the patent agency names and agencies where the name of the city and "the Office."
    15th of all provinces, autonomous regions and municipal intellectual property Bureau you can attach provisions within its administrative area, patent agency set up offices in other conditions and procedures, and the relevant provisions of the State intellectual property Bureau. 16th patent agency offices shall not in his individual name patent agent business, personnel, finance and business, and centrally managed by the patent Agency to which he belongs.
    Patent Agency shall bear civil liability for the operational activities of the Office.
    Patent agencies across the province set up an Office, the Office shall accept the place of business of the provinces, autonomous regions and municipalities directly under the guidance and supervision of the intellectual property office. 17th offices closed or withdrawn, should deal with uncompleted matters, to the place of business of the province, autonomous region, municipality directly under the intellectual property application.
    Approved, by the State intellectual property office intellectual property office filing, also copy where the patent Agency of provinces, autonomous regions and municipalities directly under the intellectual property office.
    Suspension of operation or revocation of a patent Agency and its offices shall also terminate.
    Chapter III patent agents practising 18th practising patent agent shall be subject to approval of the establishment of patent agencies of hiring and appointment, and holds a patent agent license. 19th patent agencies employing patent agent shall be in accordance with voluntary and consensual principles of patent agents were employed and employment agreements.
    Employment agreement the Parties shall comply with and implement the agreement.
    20th article issued patent agent practice industry card should meet following conditions: (a) has patent agent qualification; (ii) can full-time engaged in patent agent business; (three) not has patent agent or patent review experience of personnel in patent agent institutions in the continuous internship full 1 years, and participate in induction training; (four) by patent agent institutions hired; (five) issued Shi of age not over 70 age; (six) conduct good. Article 21st has one of the following, no patent agent license issued: (a) does not have full capacity for civil conduct, (ii) prior to the application of another patent agency practice has not been the Agency dismissed the patent does not apply for a patent agent license cancellation procedures;

    (C) receive patent license for less than 1 year after converting the patent Agency; (d) the patent agency disciplinary rules (draft) article fifth recover the corrections of patent agents licensed under 3 years; (v) criminal penalties (criminal negligence). 22nd article application issued patent agent practice industry card should submitted following material: (a) patent agent practice industry card application table; (ii) patent agent qualification card and ID of copies; (three) personnel archives store proved or away from, and retired documents copies; (four) patent agent institutions issued of hired agreement; (five) application Qian in another a patent agent institutions practice industry of, should submitted the patent agent institutions of dismissed proved; (six) first application issued patent agent practice industry card of,
    Should submit their practice certificate from the patent agency practice certificate and proof of participation in induction training.
    Article 23rd all-China patent agents Association national intellectual property Council is responsible for issuing, modification and cancellation matters specific to the patent agent license.
    24th article audited, the all-China patent agents Association that patent agents practising certificate issuance request meets criteria as provided herein, shall be issued in the 15th from the date of receipt of the application for patent agents practising certificates; think does not meet the criteria of, shall, from the date of receipt of the application within the 15th of written notice to the applicant.
    25th a patent Agency to dismiss patent agents should be 30th in advance to inform the patent agent patent agent to resign should be 30th in advance notify its patent Agency.
    Patent agents and patent attorneys resolve the employment relationship shall be by the patent Agency to withdraw its patent agent license, issued dismissing proof, and proof of termination within 10th of the all-China Patent Attorneys Association patent agent license cancellation.
    26th patent agencies closed or revoked, shall be in the province, autonomous region and municipalities from the date of approval of the IP Office in the 10th, recovered all of its patent agent license and the all-China Patent Attorneys Association patent agent license cancellation.
    27th all-China Patent Attorneys Association shall issue, change or cancellation of the patent agent license to the State intellectual property office in the 5th day of materials pertaining to record-keeping and reporting, with a copy to the patent Agency of provinces, autonomous regions and municipalities directly under the intellectual property office.
    28th article does not patent agents license holders shall not be patent agents, on behalf of personal economic interests engage in the patent business. 29th a patent agent appointed by the patent Agency services should be entrusted on behalf of the patent Agency, written contracts with clients, collect fees and truthfully recorded.
    Patent agents privately commissioned patent business and charge a fee.
    The fourth chapter patent Agency and the patent agent examination article 30th State intellectual property office is responsible for organizing, direct inspection of patent agents and patent attorneys, commissioned by provinces, autonomous regions and municipalities directly under the intellectual property office and defence Patent Office patent agents and patent attorneys of inspection. Who approved the establishment of patent agencies and the introduction of the patent Agency shall participate in the annual business law firm.
    Patent agency offices should follow its patent Agency to participate in the annual inspection, related material at the same time reported place of business of the province, autonomous region, municipality directly under the intellectual property office.
    Combined with participation in the all-China Patent Attorneys Association patent agents and patent attorneys of inspection.
    31st annual inspection of patent agents and patent attorneys once a year, from September 1 to October 31. 32nd article patent agent institutions and patent agent of annual content including: (a) patent agent institutions whether meet this approach provides of established conditions; (ii) patent agent institutions of partner or shareholders whether meet this approach provides of conditions; (three) in patent agent institutions in the practice industry of patent agent whether holds patent agent practice industry card, whether according to requirements participate in practice industry training; (four) patent agent institutions and patent agent whether has patent agent disciplinary rules (pilot) sixth article, and seventh article, and
    Eighth article listed for violation; (v) patent Agency since its last annual inspection completed number of patent Agency services; (vi) the patent Agency's financial situation and (VII) other content that should be annual.
    Article 33rd patent Agency inspection of the following documents shall be submitted: (a) patent agents and patent attorneys examination registration form, (ii) patent agency work; (c) the patent agency registration certificate copy; (iv) patent agents practising certificates; (v) financial statements; (vi) other documents need to be submitted.
    Patent Agency method of work should be fully reflected in the report of the 32nd of its content.
    34th annual inspection found a patent Agency and patent agents does not comply with the regulations, provinces, autonomous regions and municipalities directly under the intellectual property Office should be ordered to be corrected within a specified time limit; if not correct, grant failed to pass the annual examination conclusions.
    Upon inspection found a patent agency or patent agent patent agent of the disciplinary rules (draft) article sixth, seventh, eighth list of violations, attention of the provinces, autonomous regions and municipalities directly under the patent agency disciplinary punishment from the Commission.
    35th annual inspection from provinces, autonomous regions and municipalities directly under the intellectual property office in the patent Agency's registration certificate and the practise of patent agents practising certificate with qualified for that year's seal; failed to pass the annual inspection, with failed to pass the annual inspection seal.
    Did not participate in the annual inspection or annual inspection qualified patent agents, shall not be before the next annual inspection in the State intellectual property office and intellectual property office with a new patent Agency services.
    Article 36th in all provinces, autonomous regions, municipal intellectual property Bureau should complete the patent agent and patent agent examination within 10th of annual summary and the annual registration form shall file with the State intellectual property and patent agent license record the inspection results to the all-China Patent Attorneys Association.
    State intellectual property office will be announced to the public patent agencies and the patent agent's examination results.
    37th state intellectual property office, or by provinces, autonomous regions and municipalities directly under the intellectual property office and the staff of the all-China Patent Attorneys Association patent Agency inspection should be withheld in confidentiality.
    Fifth chapter supplementary articles article 38th this approach by the State intellectual property office is responsible for the interpretation.
                                                                                            39th these measures shall come into force on July 15, 2003.

Related Laws