Patent Management

Original Language Title: 专利代理管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201509/20150900478953.shtml

  Chapter one General provisions of £ first 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 specification for the implementation of the patent law, the patent Ordinance and these rules, regulate the practice of strict self-discipline, and continuously improve the service level.

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 launched, 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 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 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) patent agent qualification card and ID of copies; (four) personnel resume and the personnel archives store proved and retired documents copies; (five) Office places and work facilities of proved; (six) 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; (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;

(VII) other necessary supporting material.

These documents should be in applying for the establishment of patent agencies or to set up a patent Agency services during the 6 months before the certificate issued by 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. Tenth patent agency names, addresses, articles of Association, change in partners or shareholders register shall be from the date of change applied to the State intellectual property office within 30th changes, and seat of the provinces, autonomous regions and municipalities directly under the intellectual property office.

Changes take effect after approval by the State intellectual property office.

State intellectual property office, as well as provinces, autonomous regions and municipalities directly under the intellectual property office patent Agency found no change formalities in accordance with the provisions of the preceding paragraph, shall be ordered to make its deadline for processing.

11th patent agents registered with the State intellectual property Office's information should be consistent with their registration in the Administration for industry and commerce information. 12th 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. The 13th 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.

14th establish an Office to apply for a patent Agency shall comply with the following conditions: (a) the establishment of time of 2 years or more; (b) with more than 10 patent agents, (iii) were not included in the patent agency management exception list or serious breach of patent agency list.

15th 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 (iii) name of the Office by the patent agency names and agencies where the name of the city and "the Office."

16th in 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. 17th 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. 18th 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 for the record, with a copy to the patent Agency of provinces, autonomous regions and municipalities directly under the intellectual property Office of the location of.

Suspension of operation or revocation of a patent Agency and its offices shall also terminate.

Chapter III patent agents practising 19th practising patent agent shall be subject to approval of the establishment of patent agencies of hiring and appointment, and holds a patent agent license. 20th 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.

21st 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.

22nd article has following case one of of, not issued patent agent practice industry card: (a) not has completely civil capacity of; (ii) application Qian in another a patent agent institutions practice industry, yet was the patent agent institutions dismissed does not handle patent agent practice industry card cancellation procedures of; (three) received patent agent practice industry card Hou discontent 1 years and conversion patent agent institutions of; (four) by patent agent disciplinary rules (pilot) fifth article provides of recovered patent agent practice industry card of disciplinary discontent 3 years of;

(E) criminal penalties (criminal negligence). 23rd 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 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.

24th all-China patent agents Association is responsible for the issuance, modification and cancellation matters specific to the patent agent license, the State intellectual property office in accordance with law, supervision and guidance.

25th upon examination, 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 certificate; 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.

26th 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.

27th 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.

28th 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 of the location of.

Article 29th patent agents license holders shall not reap economic benefits in the name of the patent agent patent agent business. 30th 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.

Chapter fourth patent agents article 31st state intellectual property office is responsible for the Organization of patent Agency annual report submission and publication, and is responsible for patent agency management exception list and serious breach of publication of the patent agency list.

The provinces, autonomous regions and municipalities directly under the State intellectual property office intellectual property office combined with the above submission and publication work carried out.

According to the Association of the all-China Patent Attorneys Association regulations and self-regulatory codes for patent agents practice evaluation.

32nd the patent Agency shall in each year from March 1 to March 31 annual report to the State intellectual property office.

Patent Agency shall be responsible for the authenticity of his annual report provides information.

33rd article patent agent institutions annual report content including: (a) patent agent institutions communications address, and postal code, and contact phone, and electronic mailbox, information; (ii) Implementation Affairs partner or statutory representative people name, and partner or shareholders name, and patent agent name, and practitioners number; (three) partner or shareholders recognize paid and real paid of funded amount, and funded time, and funded way, information; (four) patent agent institutions opened, and closed, and liquidation, acquired state information; (five) established do institutions of information;

(Six) patent agent institutions website and engaged in network business of shop of name, and Web site, information; (seven) patent agent institutions agent patent application, and review, and invalid declared, and litigation, and pledge financing, business information; (eight) patent agent institutions assets total, and liabilities total, and business revenue, and main business income, and profit total, and net profit, and tax total, information; (nine) other should be report of information. Information from the first to the sixth item of the preceding paragraph, since April 1 of each year in public; patent agencies selected seventh to the Nineth of publicity information and publicity.

Patent Agency annual report overdue, from the date of submission be publicized in the 30th.

34th State intellectual property office, as well as provinces, autonomous regions and municipalities directly under the staff of intellectual property offices should be no publicity for patent Agency annual report is confidential.

The 35th article of any units or individuals found a patent agency publication of inaccurate information can be submitted to the State intellectual property office, the State intellectual property office corrected after verification.

The 36th article of any entity or individual considered a patent agency publication of false information, to the State intellectual property office or the intellectual property offices of provinces, autonomous regions and municipalities reported, the State intellectual property office or the provinces, autonomous regions and municipalities directly under the intellectual property office shall from the date of receipt of reports material in the 30th for verification and processing. 37th article patent agent institutions has following case one of of, national intellectual property Council will its included patent agent institutions business exception directory, and for publicity: (a) made patent agent institutions registered card or submitted annual report Shi provides false information of; (ii) not in provides of term submitted annual report or not according to national intellectual property Council ordered of term submitted about patent agent institutions information of; (three) unauthorized change name, and Office places, and implementation Affairs partner or statutory representative people, and partner or shareholders of

; (Four) unauthorized established do institutions of; (five) no longer meet established conditions, province, and autonomous regions, and municipalities intellectual property Council ordered its rectification, term expires still not meet conditions of; (six) on same patent application or patent case accept has interest relationship of other client delegate of; (seven) to himself name application patent or requests declared patent invalid of; (eight) neglect management, caused serious consequences of.

Business exceptions list in patent Agency, since 1 year after the date specified in the first paragraph, run by the State intellectual property office to be moved out exceptions list.

38th article management exception list in patent Agency, since less than 3 years from the date is still not in conformity with the provisions, the State intellectual property office be included in the list of serious breach of patent agencies, and the public.

Patent Agency, since being in serious breach of patent agencies list for 5 years after the date of the circumstances prescribed in the first paragraph of this article 37th by the State intellectual property office to move it a serious breach of patent agents list.

39th State intellectual property Bureau guide provinces, autonomous regions and municipalities directly under the intellectual property office the patent Agency and patent agent information publicity and inspection, monitoring the activities of practice.

The provinces, autonomous regions, municipalities directly under the intellectual property office shall, before December 31 of each year when checks reports to the State intellectual property office.

40th of provinces, autonomous regions and municipalities directly under the requirements of the intellectual property office shall, in accordance with equitable norms, according to the number of patent agencies within their respective administrative areas, to check the patent agency or census.

The patent agency within the administrative area of up to 20, conducting censuses; patent agency 21 per cent below the age of 50, at random every year no less than 20; patent agencies of more than 51, inspection not less than 30 per year. 41st of provinces, autonomous regions and municipalities directly under the intellectual property rights take a written inspection, field inspection, network monitoring and other means to examine patent agencies, can be combined with related departments as needed.

On management exception has been included in the list or serious breach of patent agent list patent Agency shall conduct on-site inspections.

42nd article province, and autonomous regions, and municipalities intellectual property Council should focus on following matters for check supervision: (a) patent agent institutions whether meet established conditions; (ii) patent agent institutions implementation Affairs partner or statutory representative people, and partner or shareholders whether meet qualification requirements; (three) patent agent institutions submitted of annual report publicity information and reality whether consistent, and business administration sector publicity of information whether consistent;

(Iv) patent Agency the existence of situations provided for in paragraph one of this article 37th; (v) patent agents whether they meet the conditions of practice, practise their professional activities in line with norms.

43rd of provinces, autonomous regions and municipalities at the intellectual property Office for inspection and supervision, found a patent Agency and patent agents practising activities not in conformity with the relevant laws and regulations should be dealt with according to law in a timely manner; found this patent agency approaches its 37th article, it should be reported to the State intellectual property office.

44th of provinces, autonomous regions and municipalities directly under the intellectual property office the patent agencies when conducting inspection and supervision according to law, and process the results of the inspection and supervision should be recorded by checks signed by supervisory staff archive.

A patent Agency shall cooperate with the provinces, autonomous regions and municipalities directly under the intellectual property Office of inspection and supervision, inquiries, provide relevant information and materials.

The fifth chapter supplementary articles article 45th this approach by the State intellectual property office is responsible for the interpretation. Article 46th £ these measures shall take effect on May 1, 2015. On June 6, 2003 the State intellectual property Office issued patent administrative policy, 30th and March 28, 2011, the State intellectual property office, the 61st release on amendments to the patent administrative policy decision be annulled simultaneously.