Patent Agency Regulations (2018)

Patent Agency Regulations

(Proposed by Order No. 76 of the State Council of the People's Republic of China on March 4, 1991, and adopted at the 23rd Executive Meeting of the State Council on September 6, 2018)

Chapter I General Provisions

Article 1 In order to regulate patent agency behavior, protect the legitimate rights and interests of clients, patent agencies and patent agents, maintain the normal order of patent agency activities, and promote the healthy development of the patent agency industry, these regulations are formulated in accordance with the the People's Republic of China Patent Law.

Article 2 The term "patent agency" as mentioned in these Regulations refers to the act of a patent agency accepting an entrustment to handle patent applications and invalidation of patent rights within the scope of the agency's authority in the name of the principal.

Article 3 Any unit or individual may apply for a patent and handle other patent affairs in China on its own, or entrust a patent agency established according to law to handle it, unless otherwise provided by law.

The patent agency shall handle the patent affairs as entrusted by the principal.

Article 4 Patent agencies and patent agents shall abide by laws and administrative regulations, abide by professional ethics and practice discipline, and safeguard the legitimate rights and interests of clients.

The practice of patent agencies and patent agents in accordance with the law shall be protected by law.

Article 5 The administrative department for patent under the State Council shall be responsible for the administration of patent agency throughout the country.

The administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the administration of patent agency within their respective administrative areas.

Article 6 Patent agencies and patent agents may establish and participate in patent agency industry organizations in accordance with the law.

The patent agency industry organization shall formulate self-discipline norms for the patent agency industry. The self-regulatory norms of the patent agency industry shall not conflict with laws and administrative regulations.

The patent administration department of the State Council shall supervise and guide the patent agency industry organizations in accordance with the law.

Chapter II Patent Agencies and Patent Agents.

Article 7 The organizational form of a patent agency shall be a partnership, a limited liability company, etc.

Article 8 A patent agency in the form of a partnership or a limited liability company shall meet the following conditions for engaging in patent agency business:

The (I) has the name of the patent agency in accordance with the provisions of laws and administrative regulations;

(II) there is a written partnership agreement or articles of association;

The (III) has an independent business place;

(IV) partners and shareholders comply with the relevant provisions of the State.

Article 9 To engage in patent agency business, an applicant shall file an application with the administrative department for patent under the State Council, submit relevant materials and obtain a patent agency practice license. The administrative department for patent 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 there is a change in matters such as the partners, shareholders or legal representatives of the patent agency, the procedures for change shall be handled.

Article 10 Chinese citizens with a Junior College degree or above majoring in science and engineering in institutions of higher learning may take part in the national patent agent qualification examination; if they pass the examination, the patent administration department under the State Council shall issue a patent agent qualification certificate. The measures for the qualification examination of patent agents shall be formulated by the administrative department for patent under the State Council.

Article 11 A patent agent shall obtain a patent agent qualification certificate, practice in a patent agency for one year, and practice in a patent agency.

Article 12 A patent agent practicing for the first time shall, within 30 days from the date of practicing, file with the department in charge of patent affairs 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 departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall provide convenience for patent agents to file through the Internet.

Chapter III Patent Agency Practice

Article 13 A patent agency may accept entrustment to act as an agent for patent applications, invalidation of patent rights, transfer of patent application rights or patent rights, and conclusion of patent licensing contracts, and may also provide consultation on patent affairs at the request of the parties.

Article 14 When accepting an entrustment, a patent agency shall conclude a written entrustment contract with the client. After accepting the entrustment, the patent agency shall not accept the entrustment of other parties with conflicts of interest in the affairs of the same patent application or patent right.

The patent agency shall assign the patent agent practicing in the institution to undertake the patent agency business, and the assigned patent agent himself and his close relatives shall not have a conflict of interest with the patent agency business he undertakes.

Article 15 Where a patent agency is dissolved or its practice license is revoked or revoked, it shall properly handle all kinds of patent agency businesses that have not yet been completed.

Article 16 The patent agent shall undertake the patent agency business according to the assignment of the patent agency, and shall not accept the entrustment on its own.

A patent agent shall not engage in patent agency business in two or more patent agencies at the same time.

The patent agent is responsible for the patent agency business handled by his signature.

Article 17 Patent agencies and patent agents shall have the obligation to keep secret the contents of inventions and creations that they have learned in the course of their practice, except for those whose patent applications have been published or announced.

Article 18 Patent agencies and patent agents shall not apply for a patent or request the invalidation of a patent right in their own name.

Article 19 Staff members of the administrative department for patent under the State Council and the departments for the administration of patent work of local people's governments shall not engage in patent agency work within the time limit prescribed by laws and administrative regulations after leaving their jobs.

A patent agent who has served in the patent administration department of the State Council or the department of the local people's government in charge of patent work shall not act as an agent for the patent application or patent case that he has examined, tried or handled.

Article 20 The charging of patent agencies shall follow the principles of voluntariness, fairness and good faith, and take into account economic and social benefits.

The State encourages patent agencies and patent agents to provide patent agency assistance services to 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 and carry out professional training and professional ethics and practice discipline education for patent agents, and punish members who violate the self-discipline norms of the industry.

Article 22 The administrative department for patent under the State Council and the administrative departments for patent work of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall inspect and supervise the practice activities of patent agencies and patent agents by means of random spot checks, and if any violation of the provisions of these regulations is found, it shall be dealt with in a timely manner in accordance with the law, and the results of the inspection and handling shall be announced to the public. No fees shall be charged for the inspection.

Article 23 The administrative department for patent under the State Council and the administrative departments for patent affairs of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall strengthen the release of public information on patent agencies and provide inquiry services for the public to understand the operation of patent agencies and the practice of patent agents.

Chapter IV Legal Liability

Article 24 Where a patent agency practice license or patent agent qualification certificate is obtained by concealing the true situation or resorting to fraud, the patent administration department under the State Council shall revoke the patent agency practice license and patent agent qualification certificate.

If a patent agency no longer meets the conditions stipulated in these Regulations due to changes in circumstances after obtaining the practice license, the patent administration department under the State Council shall order it to make rectification within a time limit; if it fails to make rectification within the time limit or fails to pass the rectification, the practice license shall be revoked.

Article 25 If a patent agency commits any of the following acts, the department in charge of 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 not more than 100000 yuan; if the circumstances are serious or fail to make corrections within the time limit, the patent administration department of the State Council shall order it to stop undertaking new patent agency business for 6 to 12 months, until the practice license is revoked:

The (I) partners, shareholders or legal representatives have not gone through the formalities of change;

The (II) accepts the entrustment of other parties with conflicts of interest in the matter of the same patent application or patent right;

The (III) shall appoint a patent agent to undertake the patent agency business in which there is a conflict of interest with him or his close relatives;

(IV) divulging the contents of the client's invention-creation, or applying for a patent in his own name or requesting the invalidation of the patent right;

(V) neglect of management, resulting in serious consequences.

If a professional agency divulges the contents of the client's invention and creation in the course of its practice, involves the disclosure of state secrets or infringement of trade secrets, or bribe the staff of the relevant administrative or judicial organs and provide false evidence, it shall bear legal liability in accordance with the provisions of relevant laws and administrative regulations; the patent administrative department of the State Council shall revoke the practice license of the patent agency.

Article 26 If a patent agent commits any of the following acts, the department in charge of 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 not more than 50000 yuan; if the circumstances are serious or fail to make corrections within the time limit, the patent administration department of the State Council shall order it to stop undertaking new patent agency business for 6 to 12 months, until the qualification certificate is revoked:

The (I) fails to file in accordance with the provisions of these Regulations;

The (II) accepts the entrustment to handle the patent agency business on its own;

(III) to engage in patent agency business in two or more patent agencies at the same time;

(IV) act as an agent for the patent application or patent case that it has examined, tried or handled in violation of the provisions of these Regulations;

(V) divulge the contents of the client's invention-creation, or apply for a patent in his own name or request the invalidation of the patent right.

If a patent agent divulges the contents of the client's invention and creation in the course of practice, involves divulging state secrets or infringing upon trade secrets, or bribing the staff of relevant administrative or judicial organs and providing false evidence, it shall bear legal liability in accordance with the provisions of relevant laws and administrative regulations; the patent administration department of the State Council shall revoke the qualification certificate of patent agent.

Article 27 Anyone who conducts patent agency business without authorization in violation of the provisions of these Regulations shall be ordered by the patent administration department of the people's government of the province, autonomous region, or municipality directly under the Central Government to stop the illegal act, confiscate the illegal income, and impose a fine of 1 to 5 times the illegal income.

Article 28 Any staff member of the administrative department for patent under the State Council or the administrative department for patent affairs of the people's government of a province, autonomous region or municipality directly under the Central Government who, in violation of the provisions of these Regulations, abuses his power, neglects his duty or engages in malpractices for personal gain shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter V Supplementary Provisions

Article 29 The establishment of a permanent representative office of a foreign patent agency within the territory of the People's Republic of China shall be subject to the approval of the administrative department for patent under the State Council.

Article 30 A law firm may carry out patent-related business in accordance with the the People's Republic of China Lawyers Law, the the People's Republic of China Civil Procedure Law and other laws and administrative regulations, but shall abide by the provisions of these Regulations when engaging in the business of acting for patent applications and declaring patent rights invalid. The specific measures shall be separately formulated by the patent administration department of the State Council in consultation with the judicial administration department of the State Council.

Article 31 The administrative measures for patent agencies and patent agents acting as agents in national defense patent affairs shall be formulated separately by the patent administration department of the State Council in consultation with the competent department of the national defense patent agency.

Article 32 These Regulations shall come into force on March 1, 2019.

Patent agencies established according to law before the implementation of these regulations and patent agents practicing according to law may continue to carry out patent agency business in the name of patent agencies and patent agents after the implementation of these regulations.