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Patent Agency Administration

Number of visits: Date:2015-04-30
State Intellectual Property Office Order
 
No. seventieth
"Patent agent management approach" has been Board Service Council, is hereby promulgated and shall from 1 May 2015.
 
Bureau chief Shen Chang-yu
April 30, 2015
 
Patent Agency Administration
Chapter I General Provisions 
The first patent agency system in order to improve and maintain the normal order of patent agency industry and guarantee the patent agencies and patent agents by force of law, according to the "Patent Law" and "Patent Agency Regulations" and the relevant provisions of the State Council formulated.
Article 2 The State Intellectual Property Office and the provinces, autonomous regions and municipalities directly under the Intellectual Property Office in accordance with the "Patent Law," "Regulations on Patent Commissioning," and this approach to patent agencies, patent agents to manage and supervise.
China Patent Agents Association shall organize and guide patent agencies and patent agents standardize the implementation of "Patent Law," "Regulations on Patent Commissioning," and in this way to regulate the practice of strict self-discipline, and constantly improve the standard of services.
Establish a patent agency and its offices in the second chapter, change, suspension and revocation
Article in the form of organizational patent agency partnership patent agency or a limited liability patent agency.
Partnership patent agency shall be jointly invested and initiated by the three more partners, limited liability patent agency shall be jointly invested 5 launch.
Partners of the partnership patent agency jointly and severally liable for the debts of the patent agency; limited liability patent agency to take responsibility for its debts to all of the assets of the institution.
Article establishment of a patent agency shall meet the following conditions:
(A) with the name of the agency in line with the provisions of Article 7;
(2) having a partnership agreement or articles of association;
(3) having comply with Article 5, Article partners or shareholders stipulated;
(Iv) have fixed offices and necessary working facilities.
Law firm applies to run the patent agency services, in-house counsel in the law firm should have three or more qualifications of patent agents.
Article partners or shareholders of a patent agency shall meet the following conditions:
(A) has a patent agent qualification;
(B) at least 2 years of experience practicing patent agency;
(C) can be full-time in the patent agency services;
(Iv) the age when applying for establishing a patent agency is not more than 65 years;
(E) good behavior.
Article  of the following circumstances shall not be a patent agency partners or shareholders:
(A) does not have full capacity for civil acts;
(B) in the state organs or enterprises and not formally apply for resignation, dismissal or retired and procedures;
(C) As another patent agency partners or shareholders of less than 2 years;
(D) by "patent agent disciplinary rules (Trial)" notification provisions of Article V of criticism or withdraw patent agent disciplinary practicing certificate less than 3 years;
(Except for criminal negligence) (v) subject to criminal punishment.
Article patent agency enjoyment and use only one name.
The name of the patent agency shall name of the city, famous by the agency, "Patent Attorneys," "Patent Agency Limited" or "Intellectual Property Agency," "Intellectual Property Agency Ltd." component. Its size can not be the same size in the country and is being used or has been used in the patent agency or similar to.
Law firms engaged in patent agency services, the name of the law firm can use.
Article 8 The establishment of a patent agency shall submit the following application materials:
(A) establish a patent agency application form;
(B) the partnership agreement or the articles of association of the patent agency;
(C) a copy of the patent agent qualification certificates and identity cards;
(D) personnel resumes and proof and retired personnel file copies of documents;
Proof (e) of office space and work facilities;
(6) other necessary documents.
Law firm applies to run the patent agency services shall submit the following application materials:
(A) run the patent agency services application form;
(Ii) in charge of the firm's judicial and administrative authorities issued the consent of their open letter patent agency services;
(C) the law firm partnership agreement or articles of association;
(D) a copy of the license to practice law firm;
(E) a patent attorney lawyer's license, a copy of the patent agent qualification certificates and identity cards;
Proof (f) of office space and work facilities;
(7) other necessary documents.
It said evidence should be establishment of a patent agency or undertaking within 6 months prior to the patent agency services issued proof material applications.
Article 9 The establishment of a patent agency approval procedures as follows:
(A) An application for the establishment of a patent agency shall submit an application to the local provinces, autonomous regions and municipalities Intellectual Property Office. Upon review, the provinces, autonomous regions, municipalities directly under the Intellectual Property Office that the conditions of this Regulation shall be the date of receipt of the application submitted to the State Intellectual Property Office within 30 days for approval; does not comply with the conditions stipulated, it shall receive the application within 30 days of written notice to the applicant.
(B) The State Intellectual Property Office to comply with the conditions stipulated in the application, shall from the date of receipt of the submitted documents within 30 days to approve decisions informing reported provinces, autonomous regions, municipalities directly under the Intellectual Property Office, and to the newly established authority patent agency registration certificate and organization code; do not meet the conditions stipulated in the application, shall, upon receipt of the submitted documents within 30 days of the notification submitted to the provinces, autonomous regions and municipalities where re-examined.
Law firm applies to run the patent agency services, for approval with reference to the above provisions.
Matters name registered patent agency Article X, address, statutes, partners or shareholders and other changes shall, within 30 days after the change of the State Intellectual Property Office are changed, while the reported location of the provinces, autonomous regions and municipalities Intellectual Property Office. Changes approved by the State Intellectual Property Office of the entry into force.
State Intellectual Property Office and the provinces, autonomous regions, municipalities directly under the Intellectual Property Office finds that no patent agency change the procedures in accordance with the preceding paragraph, it shall order within a time limit.
Article 11 Patent agencies at the State Intellectual Property Office to register the information should be its administrative department for industry and commerce registration information consistent.
Article XII of winding up or revocation, shall after properly handling with various matters not settled to the local provinces, autonomous regions and municipalities directly under the Intellectual Property Office. For examination and approval shall be patent agency registration certificate and identity card surrendered provinces, autonomous regions and municipalities Intellectual Property Office, and go through the formalities of business or revocation of the State Intellectual Property Office.
Article XIII patent agency to set up offices in this province should be the location of the provinces, autonomous regions and municipalities directly under the Intellectual Property Office. If approved, the provinces, autonomous regions and municipalities directly under the State Intellectual Property Office Intellectual Property Office.
Patent agency to set up offices in the provinces, shall, after obtaining its location provinces, autonomous regions, municipalities directly under the Intellectual Property Office agreed to offices of the provinces, autonomous regions and municipalities directly under the Intellectual Property Office. If approved, the offices of the provinces, autonomous regions and municipalities to the State Intellectual Property Office Intellectual Property Office.
Article 14 An applicant establish an office of patent agency shall meet the following conditions:
(A) the time of establishment more than two years;
(2) having 10 or more patent agents;
(C) is not included in the list of patent agencies operating anomaly or a list of serious violations of patent agency.
A patent agency Article XV shall meet the following conditions:
(A) having two or more agencies accredited by the patent or patent agents employed full-time;
(2) having a fixed office space;
Name (c) by the patent agency offices full name, office name of the city and the "office" component.
Article XVI provinces, autonomous regions, municipalities directly under the provisions of the Intellectual Property Office patent agency can attach conditions and procedures for the establishment of other offices in their respective administrative areas, and the relevant provisions of the State Intellectual Property Office.
A patent agency Article XVII shall apply for patent agent on behalf of its individual business, its personnel, finance, business, and so by their patent agency unified management. Patent agency shall bear civil office of its operations.
Patent agency to set up offices in the provinces, the office shall be guided and supervised offices of the provinces, autonomous regions and municipalities directly under the Intellectual Property Office.
Article XVIII office closure or revocation, shall after properly handling with various matters not settled, the offices of the provinces, autonomous regions and municipalities directly under the Intellectual Property Office. If approved, the State Intellectual Property Office shall be submitted by the Intellectual Property Office, with a copy to the patent agency of the provinces, autonomous regions and municipalities directly under the Intellectual Property Office.
Winding up or revocation, the office shall terminate at the same time.
Chapter III Patent Attorney practicing
Article XIX practicing patent agents shall accept the engagement and appointment approved the establishment of a patent agency and holds the patent agent practicing certificate.
Diershitiao patent agency shall employ patent agents and the principle of consensus voluntary engagement agreement with the patent agents employed. The two sides entered into an employment agreement should abide by and implement the agreement.
Twenty-one issued patent agents practicing certificate shall comply with the following conditions:
(A) has a patent agent qualification;
(B) can be full-time in the patent agency services;
(C) does not have a patent agent or patent examination personnel experienced in patent agency practice at least 1 year in a row, and to participate in job training;
(D) employed by the patent agency;
(E) when issued does not exceed the age of 70 years;
(Vi) good character.
Article 22 of the following circumstances shall not be issued patent agents practicing certificate:
(A) does not have full capacity for civil acts;
(B) prior to the application in another patent agency practice, has not been dismissed in the patent agency does not handle patent agent practicing certificate cancellation procedures;
(C) receive patent attorney practicing certificate after less than one year and the conversion of a patent agency;
(D) by "patent agent disciplinary rules (Trial)" recovery Patent Attorney practicing certificate provisions of Article V of discipline less than 3 years;
(Except for criminal negligence) (v) subject to criminal punishment.
Article 23 The application for issuance of patent agents practicing certificate shall submit the following materials:
(A) Patent Attorney practicing license application form;
(Ii) a copy of the patent agent qualification certificates and identity cards;
(C) the certificate or retired personnel file copies of documents;
(D) the patent agency issued an employment agreement;
(E) prior to the application in another patent agency practice, shall be submitted to prove that the dismissal of the patent agency;
(F) for the issuance of the first patent agent practicing certificate shall be submitted to the patent agency where their internship internship certificate and proof issued to attend induction training.
Article 24 China Patent Agents Association is responsible for the issuance, modification and revocation of the specific issues of patent agents practicing certificate, the State Intellectual Property Office to supervise and guide the law.
Article 25 Upon review, the All-China Patent Agents Association that patent agents practicing certificate issuance application complies with the conditions stipulated shall practicing certificate from the date of receipt of the application within 15 days of issuance of patent agents; think not meet the criteria, should be the date of receipt of the application within 15 days written notice to the applicant.
Article 26 The patent agency to dismiss the patent agents shall notify 30 days in advance of the patent agent; patent agent to resign, they should notify 30 days in advance in the patent agency.
Patent agencies and patent agents terminate the employment relationship, it shall withdraw the patent agency patent agents practicing certificate, issued by the dismissal certification and the date of dismissal issued proof of 10 days to the All-China Patent Agents Association for patent agents People practicing certificate cancellation procedures.
Article 27 of winding up or revocation, should get provinces, autonomous regions, municipalities directly under the Intellectual Property Office for examination and approval within 10 days from the date, to recover all of its patent agents practicing certificate to apply for the All-China Patent Agents Association Patent Attorney practicing certificate cancellation procedures.
Article 28 China Patent Agents Association shall issue, change or cancellation of the record to the State Intellectual Property Office 5 days from the date of the patent agent practicing certificate and submitted relevant materials, with a copy to the patent agency of the province, autonomous regions and municipalities directly under the Intellectual Property Office.
Article 29 did not hold a practicing certificate of the patent agent shall not in the name of a patent attorney for the sake of economic interests in the patent agency services.
Article 30 Patent agents shall handle only patent agency services on behalf of the relevant patent agency entrusted enter into a written contract with the client commission, collect fees and truthfully recorded. Patent agents shall privately entrusted, patent agency services for a fee.
Chapter IV Patent Agents supervision
Article 31 The State Intellectual Property Office patent agency responsible for the organization and the public to submit annual reports, and is responsible for the patent agency business exception list and the list of serious violations of patent agency of publicity.
Provinces, autonomous regions and municipalities with the State Intellectual Property Office Intellectual Property Office to carry out these submissions and publicity work.
China Patent Agents Association and Articles of Association in accordance with its practice of self-discipline for patent attorneys assessment.
Article 32 The patent agency shall submit an annual report to the State Intellectual Property Office in the annual March 1 to March 31.
Patent agency shall be responsible for the authenticity of the annual report of the information provided.
Content patent agency Article 33 of the annual report include:
(A) the patent agency mailing address, zip code, telephone number, e-mail and other information;
(Ii) the executive partner or legal representative of the name, the name of a partner or shareholder, patent agents name, number of employees;
Information (c) partners or shareholders subscribed and paid-in capital contribution time, funding methods;
(D) the patent agency opened, closed, liquidation subsisting status information;
(V) establish an office of information;
(F) the name of the patent agency websites and network operators in the shop, the web site and other information;
(Vii) patent agencies patent application, review, invalidation, business information litigation, pledge financing;
Total (viii) patent agency assets, total liabilities, total revenue, the main business income, total profit, net profit, total tax and other information;
(Ix) Additional information should be reported.
The preceding first through sixth information public since April 1 each year; patent agency to select the seventh to ninth public information, but be publicized. Late submission of annual reports of patent agencies, from the date of submission within 30 days to be publicized.
Article 34 The State Intellectual Property Office and the staff of provinces, autonomous regions, municipalities directly under the Intellectual Property Office shall not be public the content of the annual report of the confidentiality of patent agencies.
Article 35 Any unit or individual that discovers patent agency public information is not accurate, can the State Intellectual Property Office, State Intellectual Property Office to be corrected after verification.
Article 36 Any unit or individual that patent agency publicized false information may apply to the State Intellectual Property Office or the provinces, autonomous regions, municipalities directly under the Intellectual Property Office report, the State Intellectual Property Office or the provinces, autonomous regions, municipalities directly under the Intellectual Property Office shall from the date of receipt of the report material for verification within 30 days and take appropriate action.
Article 37 The patent agency of the following circumstances, the State Intellectual Property Office will be included in the patent agency business exception list, and make public:
(A) providing false information to obtain a registration certificate when a patent agency or to submit an annual report;
(B) is not in the prescribed period or fails to submit an annual report information relating to the patent agency in accordance with the State Intellectual Property Office ordered deadline;
(C) alter the name, office space, executive partner or legal representative, partners or shareholders;
(Iv) allowed to establish offices in;
(E) no longer meets the conditions for establishment of provinces, autonomous regions, municipalities directly under the Intellectual Property Office shall order it to rectify, the expiry not meet the criteria;
(F) on the same patent application or patent cases to accept other clients interested delegate;
(Vii) the patent application in his own name or the request to declare the patent invalid;
(Viii) poor management, resulting in serious consequences.
Patent agency since been included in the list of operating anomalies until one year from the date of the first paragraph does not happen again the case by the State Intellectual Property Office will move it out of business exception list.
Article 38 from the date of the patent agency was included in operating anomaly list for three years from the date still meet the requirements, the State Intellectual Property Office will be included in the list of serious violations of patent agencies, and publicity.
Patent agency since been included in the list of serious violations of the date the patent agency expiration of five years without recurrence of the way first paragraph of Article 37 of the case by the State Intellectual Property Office will remove it from the list of serious violations of patent agencies .
Article 39 The State Intellectual Property Office to organize and guide provinces, autonomous regions, municipalities directly under the Intellectual Property Office of the patent agency and information disclosure circumstances and practice activities patent attorneys inspection and supervision.
Provinces, autonomous regions, municipalities directly under the Intellectual Property Office shall submit a report on the year's inspection and supervision of the State Intellectual Property Office on or before December 31 each year.
Article 40 provinces, autonomous regions, municipalities directly under the Intellectual Property Office shall in accordance with the requirements of a fair standard, according to the number of the administrative areas of patent agency, patent agency to conduct random checks or screening.
The administrative area of ​​patent agency 20 or less, the census; patent agency 21 or less than 50, less than 20 checks per year; more than 51 patent agencies, the annual checks of not less than 30.
Article 41 provinces, autonomous regions, municipalities directly under the Intellectual Property Office can take a written examination, site inspection, network monitoring, etc. on the patent agency checks can be combined as needed to check with the relevant authorities. Which has been included in the list of operating anomalies or serious violations of patent agency list of patent agencies shall conduct on-site inspections.
Article 42 provinces, autonomous regions, municipalities directly under the Intellectual Property Office shall focus on the inspection and supervision of the following matters:
(A) Patent agency meets the conditions for establishment;
(B) the patent agency executive partner or legal representative, a partner or shareholder eligibility requirements;
Annual report (iii) the patent agency submitted public information is consistent with the actual situation, and industrial and commercial administrative department of publicity of information are the same;
(Iv) whether the circumstances of the present patent agency approaches Article 37 first paragraph of existence;
(E) whether the patent agents practicing conditions for practicing activities compliance practice norms.
Article 43 provinces, autonomous regions, municipalities directly under the Intellectual Property Office to inspect and monitor the activities found practicing patent agencies and patent agents are not in line with relevant laws and regulations, it shall be handled according to law; patent agencies have found this approach Article 37 first paragraph circumstances shall submitted to the State Intellectual Property Office.
Article 44 provinces, autonomous regions and municipalities where the law of the patent agency to inspect and monitor the conditions and treatment should be the result of the inspection and supervision be documented, signed by the inspection and supervision of staff after filing.
Patent agencies shall cooperate with the inspection and supervision provinces, autonomous regions, municipalities directly under the Intellectual Property Office for questioning, truthfully provide relevant information and materials.
Chapter V Supplementary Provisions
Article 45 The State Intellectual Property Office.
Article 46 These Measures shall  since May 1, 2015. June 6, 2003 the State Intellectual Property Office Order No. thirtieth release of "patent agent management approach" and March 28, 2011 the State Intellectual Property Office Order sixth on the 11th issued the "Edit <Patent Agency Administration > decision "shall be repealed simultaneously.

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