BIZCHINA / Intellectual property
Regulations on Patent Commissioning
Updated: 2006-04-17 14:33
(Promulgated on March 4, 1991)
Chapter 1 General Principles
Article 1 With a view to guaranteeing the legitimate rights of patent
agencies and consignors and ensuring the normal working of patent
commissioning services, these Regulations her eof are formulated.
Article 2 Patent commissioning stated here denotes patent application
or the handling of other patent- related affairs by patent agencies on
behalf of their consignors and within their authorized powers.
Chapter 2 Patent Agencies
Article 3 Patent agencies stated here denote service organs that apply
for patents or handle other patent-related affairs on behalf of their
consignors and within their authorized powers.
Patent agencies include:
(1) those that handle foreign patent-related affairs;
(2) those that handle domestic patent-related affairs; and
(3) law firms that handle domestic patent-related affairs.
Article 4 Establishment of a patent agency shall require the following
conditions:
(1) having a name, articles of association and fixed work place of its
own;
(2) having necessary capital and work installations;
(3) being financially independent and able to meet civil liabilities
independently; and
(4) employing three or more special staff members qualified as patent
agents and a proportionate number of likewise qualified spare-time
working staff as stipulated by the China Administration of Patents (CAP).
Law firms engaged in patent commissioning must have special staff for the
business stated in item (4) of the previous paragraph.
Article 5 To apply for the establishment of a patent agency at a patent
administration, the following documents must be presented:
(1) a letter of application with the name, office space and responsible
person's name stated;
(2) the articles of association of the patent agency;
(3) the names of patent agents and their certificates of qualification;
and
(4) written proof of the amount of capital and installations of the
patent of the agency.
Article 6 Patent agencies applying for the handling of domestic
patent-related affairs or law firms applying for the same must have the
consent of their governing authorities and their applications must be
examined by patent administrations of provinces, autonomous regions
or municipalities directly under the Central Government; in the
absence of governing authorities, they may be directly examined by the
later. Upon agreement, the examining authorities shall report the
applications to CAP for approval.
Patent agencies applying to handle foreign-related patent affairs must go
through procedures as stipulated in the Patent Law of the People's
Republic of China. Such agencies, upon approval by CAP, can handle
domestic patent affairs.
Article 7 Patent agencies, as of the date of approval, can start
handling patent-commissioning business in accordance with law, enjoy
civil rights and meet civil liabilities.
Article 8 Patent agencies shall deal with the following businesses:
(1) providing patent-related consulting agencies;
(2) writing on commission patent application documents and handling
re-examination and other related affairs;
(3) raising disagreement, asking for the announcement of a patent
right cancellation and other related affairs;
(4) handling the right of patent application, the transfer of patent
right and patent permission and other related affairs;
(5) appointing patent agents to serve as patent advisors upon
invitation; and
(6) other related matters.
Article 9 When patent agencies accept consignments and handle
business, they shall have a consignor's letter of commitment clearly
stating commissioned items and powers.
If needed, a patent agency may designate a certain patent agent
appointed by the consignor to handle the business.
Patent agencies may charge commissions in accordance with relevant
regulations of t he State.
Article 10 After accepting a commission, a patent agency shall not
accept the commission of rival consignors concerning patents with the
same content.
Article 11 Patent agencies shall employ as patent agents persons with
Patent Agent Qualification Certificate". The latter shall go through
necessary procedures, be given "Patent Agent Work Permit" by the
former, and register at CAP.
Beginners shall not be issued "Patent Agent Work Permit" until after a
full year of apprenticeship.
When patent agencies discharge their patent agents, they shall
recover in time the latter's "Patent Agent Working Permit" and report
such discharge to CAP.
Article 12 When patent agencies change their names, addresses and
responsible persons, they shall report to CAP of such changes, which
become effective only after approval by the latter.
When a patent agency goes out of business, it shall, after
appropriately handling a unsettled affairs, report to the authorities
that endorsed its opening and the latter shall be responsible for
going through all necessary procedures as CAP.
Article 13 If an approved patent agency no longer meets the conditions
stated in Article 4 of these Regulations hereof due to a change of
circumstances and will not be able to meet such conditions within 1 year,
the authorities that endorsed its opening should propose to CAP that it
be canceled as a patent agency.
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