Patent Agents Ordinance

Chapter 1 General Provisions Article 1 These Regulations are formulated for the purpose of safeguarding the legitimate rights and interests of patent agencies and clients and maintaining the normal order of patent agency work.

Article 2 The term "patent agency" as mentioned in these Regulations means that the patent agency shall handle the patent application or handle other patent affairs within the authority of the agent in the name of the principal.

Chapter II Patent Agencies Article 3 The term "patent agencies" as mentioned in these Regulations refers to a service agency that accepts the entrustment of a trustee to apply for patents or handle other patent affairs within the scope of authorization.
Patent agencies include:
(1) Patent agencies dealing with foreign patent affairs;
(2) Patent agencies handling domestic patent affairs;
(3) Law firms handling domestic patent affairs.

Article 4 The establishment of a patent agency must meet the following conditions:
(a) have their own name, constitution, and fixed office space;
(2) The necessary funds and working facilities;
(3) It is financially independent and can independently bear civil liabilities;
(4) There are more than three full-time personnel with qualifications as patent agents and part-time employees with the qualifications of patent agents who meet the proportion prescribed by the Chinese Patent Office.
Where a law firm opens a patent agency business, it must have the full-time staff specified in the fourth paragraph of the preceding paragraph.

Article 5 To apply for the establishment of a patent agency to a patent administration authority, the following documents shall be submitted:
(1) The application for the establishment of a patent agency and the name of the patent agency, the office and the name of the responsible person;
(b) the constitution of the patent agency;
(3) the name of the patent agent and its qualification certificate;
(4) Written certification of the patent agency's funds and facilities.

Article 6 An application for the establishment of a patent agency that handles domestic patent affairs, or a law firm that applies for opening a patent agency business, shall report to the provincial, autonomous region, or municipality directly under the jurisdiction of the patent administration authority after approval of its competent authority; where there is no competent authority, it may: Directly submit the request to the patent administration authority of the province, autonomous region or municipality directly under the central government for review. If the review is approved, the examination authority shall report to the Chinese Patent Office for approval.
The application for the establishment of a patent agency dealing with foreign-related patent affairs shall be handled in accordance with the relevant provisions of the "PRC Patent Law." Patent agencies dealing with foreign-related patent affairs, with the approval of the Chinese Patent Office, can handle domestic patent affairs.

Article 7 A patent agency shall be established as of the date of approval, carry out patent agency business in accordance with the law, enjoy civil rights and bear civil liabilities.

Article 8 Patent agencies undertake the following tasks:
(i) Providing consultation on patent matters;
(2) writing patent application documents, handling patent applications, and requesting substantive examination or review;
(3) Making objections and requesting the declaration of invalidity of related patents;
(4) to handle patent application rights, transfer of patent rights, and related matters concerning patent licensing;
(5) to accept appointments and assign patent agents to serve as patent advisors;
(6) To handle other related matters.

Article 9 When a patent agency accepts an entrustment and undertakes business, it shall have a written power of attorney with the name of the consignor stating the entrusted matters and the entrusted authority.
A patent agency may assign a patent agent designated by a principal to undertake agency business as required. Patent agencies accept commissions and undertake business operations, and they may collect fees in accordance with relevant state regulations.

Article 10 After the patent agency accepts the entrustment, it may not entrust any other principal interested in the patent affairs of the same content.

Article 11 A patent agency shall employ a person who has a "Patent Agent Qualification Certificate" as a patent agent. The appointed patent agent shall handle the appointment formalities, and the patent agency shall issue a "Patent Agent Work ID" to the Chinese Patent Office for record. For a person who has engaged in patent agency work for the first time, one year after the internship, the patent agency can issue a “Patent Agent Work ID”. Patent agents shall cancel their “Patent Agent Work Permit” in a timely manner to the patent agent who has terminated the appointment, and submit it to the China Patent Office for filing.

Article 12 Where a patent agency changes the name, address, and person in charge of an institution, it shall report to the Chinese Patent Office for registration of the change. After the registration is approved, the change may take effect.
When a patent agency ceases operations, it shall, after properly handling various unfinished matters, report to the original examination authority, which shall report to the Chinese Patent Office for relevant procedures.

Article 13 If an approved patent agency no longer meets the conditions stipulated in Article 4 of the present Regulations due to changes in circumstances, and still cannot meet these conditions within one year, the original patent administration authority shall recommend that the Chinese Patent Office cancel the provision. Patent agency.

Chapter III Patent Attorneys Article 14 The term "patent agent" as used in these Regulations refers to the person who has obtained the "Patent Agent Qualification Certificate" and holds the "Patent Agent Work ID".

Article 15: Chinese citizens who support the Constitution of the People's Republic of China and meet the following conditions may apply for patent agent qualifications:
(A) 18 years of age or older, with full capacity for civil conduct;
(2) Graduating from an undergraduate major in science and engineering (or equivalent) and mastering a foreign language;
(3) Familiarity with the patent law and related legal knowledge;
(4) Having engaged in scientific and technical work or legal work for more than two years.

Article 16 If a person applying for the qualification of a patent agent passes the application of the applicant and the examination by the Patent Agent Evaluation Committee is qualified, the Chinese Patent Office shall issue a "Certificate of Patent Agent".
The patent agent appraisal committee is composed of relevant personnel from the organizations of the Chinese Patent Office, relevant departments of the State Council, and patent agents.

Article 17 A patent agent must undertake the work of a patent agency appointed by a patent agency, and may not accept the commission on its own.

Article 18 A patent agent may not engage in patent agency business in more than two patent agencies at the same time.
Before a patent agent is removed from a patent agency, it must properly handle patent agent cases that have not yet been completed.

Article 19 of the "Patent Agent Qualification Certificate", if he does not engage in patent agency business or patent administrative work within five years, his "Patent Agent Qualification Certificate" will automatically become invalid.

Article 20 A patent agent may not apply for a patent within one year after engaging in the patent agency business and within one year after it has left the patent agency business.

Article 21 Patent agents shall engage in patent agency business according to law and shall be protected by the laws of the country and shall not be subject to interference by any entity or individual.

Article 22: The staff of state organs shall not be employed by a patent agency on a part-time basis and shall be engaged in patent agency work.

Article 23 Patent agents shall have the responsibility for keeping secrets in addition to the patent applications that have been published or announced in the contents of the inventions created by the patent agents in their agency business activities.

Chapter IV Penalties Article 24 Where a patent agency has one of the following circumstances, its superior competent authority or the patent administration authority of the province, autonomous region, or municipality directly under the Central Government may give a warning and punishment; if the circumstances are serious, the Chinese Patent Office shall revoke the agency. Penalty:
(1) Concealing the real situation and applying fraud when applying for examination and approval;
(2) arbitrarily changing main registration items;
(3) without the approval of the examination or exceeding the scope of the approved patent agency business, accept the commission without authorization and undertake the patent agency business;
(4) engaging in other illegal business activities.

Article 25 Where a patent agent has one of the following acts and the circumstances are minor, it shall be given criticism and education by the patent agency where it is located. If the circumstances are serious, the patent agency may cancel the employment relationship and recover its “patent agent's work permit”; the province, autonomous region, or municipality directly under the jurisdiction of the patent management authority to give a warning or the Chinese Patent Office to revoke the “patent agent qualification certificate 》Penalty:
(1) Failure to perform his duties or incompetence so as to damage the interests of the client;
(2) leaking or plagiarizing the invention-creation content of the client;
(3) Exceeding the authority of the proxy and damaging the interests of the client;
(4) To accept the entrustment without authorization and to undertake the patent agency business to collect fees.
If the behaviors of the preceding paragraph cause economic losses to the client, the patent agency may recover the patent agent at a certain proportion after taking responsibility for economic compensation.

Article 26 If a punished patent agency is dissatisfied with the decision of the China Patent Office to revoke its institution and the punished patent agent disqualifies the punished party for its "patent agent qualification certificate," it may apply to the Chinese Patent Office for reconsideration. The reconsideration decision may be filed with the people's court within 15 days of receipt of the reconsideration decision.

Chapter V Supplementary Provisions Article 27 This Regulation shall be interpreted by the Chinese Patent Office.

Article 28 This Regulation shall come into force on April 1, 1991. It was approved by the State Council on September 4, 1985 and the Provisional Patent Agency Act issued by the Chinese Patent Office on September 12 of the same year was repealed at the same time.

Patent management agency handles patent disputes

Chapter I General Provisions Article 1 In order to effectively mediate and handle (hereinafter referred to as mediation) patent disputes and protect the legitimate rights and interests of inventors, patent rights holders and interested parties, according to the "PRC Patent Law" and "PRC Patent The Regulations of the Law and relevant laws and regulations stipulates that these Measures are formulated.

Article 2 The competent administrative department of the State Council and the patent administrative organs set up by the provinces, autonomous regions, and municipalities directly under the Central Government, separately planned cities, open cities, and special people's governments in special economic zones are the functional departments for mediating patent disputes.

Article 3 The patent administrative organ's mediation of patent disputes must be based on facts and take the law as the criterion. When the facts are clarified and the responsibilities are clearly distinguished, the mediation must be focused. If the mediation is invalid, the corresponding decision on the matter should be made promptly.

Article 4 The Patent Management Authority's mediation of patent disputes follows the principle of no-liberation.

The second chapter accepts the fifth patent management organ to mediate the following patent disputes:
First, patent infringement disputes;
2. Disputes relating to the cost of implementing inventions prior to the granting of a patent right after publication of an invention patent application or publication of a utility model or design patent application;
Third, patent application rights disputes and patent ownership disputes;
4. Other patent disputes that may be conciliated or processed by the patent administration authority.

Article 6 Disputes over infringement shall be settled by the patent administrative organ in the place where the infringement occurred.

The disputes in Paragraph 2 of Article 5 shall be settled by the patent administrative organ where the conduct of the act takes place.

Article 7 Disputes over the right to apply for a patent and disputes over ownership of a patent shall be settled by the patent administrative authority at the location of the respondent.

Article 8 Patent dispute cases where both or more patent administrative organs have jurisdiction shall be mediated by the patent administration authority that first received the mediation request.
Where there is a dispute over jurisdiction, the parties to the dispute shall be resolved through consultation.

Article 9 The time limit for requesting the mediation of patent infringement disputes shall be two years, counted from the date the patentee or interested parties knew or should have known of the infringement.

Article 10 The period for requesting the mediation of patent ownership disputes and the disputes set forth in Article 5, paragraph 2, shall be two years from the date of grant of the patent right.

Article 11 The period for requesting the mediation of a dispute over the right to apply for a patent shall be two years, counted from the date of publication or publication of the patent application by the Patent Office.

Article 12 A request for a patent administrative authority to mediate a patent dispute must meet the following conditions:
1. The requester must be a unit or individual who has a direct stake in the patent dispute;
Second, there is a clear claimee, with specific requirements and factual basis;
Third, in line with the provisions of this measure;
4. None of the parties to the dispute had brought a lawsuit in the People's Court.

Article 13 To request a patent administrative authority to mediate a patent dispute, one original copy of the request shall be submitted, and a copy shall be provided according to the number of persons requested.
The request should specify the following:
1. The name or address of the requester, the name and position of the legal representative or agent;
2. The name or address of the person sought, the name and position of the legal representative or agent;
Third, the request