Regulations on Patent Commissioning
Regulations on Patent Commissioning
(Promulgated on March 4, 1991)
Whole Doc.
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 withi n 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 na me 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 a gency.
Article 6
Patent agencies applying for the handling of domestic patent-related
affairs or law firms applying for the same must have the cons ent of their
governing authorities and their applications must be examined by patent
adm inistrations of provinces, autonomous regions or municipalities
directly under the Centr al Government; in the absence of governing
authorities, they may be directly exam ined 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 p rocedures as stipulated in the Patent Law of the
People's Republic of China. Such agenci es, upon approval by CAP, can
handle domestic patent affairs.
Article 7
Patent agencies, as of the date of approval, can start handling
patent-commissionin g 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 p ermission 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 co nsignor 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 becom e effective
only after approval by the latter.
When a patent agency goes out of business, it shall, after
appropriately handling a ll unsettled affairs, report to the authorities
that endorsed its opening and the latter shall be responsible for going
through all nec essary 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 co nditions within 1 year, the authorities
that endorsed its opening should propose to CAP that it be canceled as a
patent agency.
Chapter 3 Patent Agents
Article 14
Patent agents that these Regulations hereof stated denote bearers of
"Patent Agent Qualification Certificate" and of "Patent Agent Working
Permit".
Article 15
Chinese citizens who support Constitution as the People's Republic of
China and meet the following conditions may apply to be pate nt agents:
(1) over the age of 18 with full capacity for civil behaviors;
(2) graduates of college departments of sciences (or with equivalent
education) in command of one foreign language;
(3) well-versed in the Patent Law and related legal knowledge; and
(4) scientists or lawyers with upwards of 2 years of work experience.
Article 16
Persons who apply to be patent agents will obtain CAP "Patent Agent
Qualification Certificate" after a panel of examination ju dges deem him
or her qualified.
The panel of judges is composed of persons from CAP, State Council
department and o rganizations of patent agents.
Article 17
Patent agents shall handle only patent commissioning services
assigned by their patent agencies and shall not accept such servi ces on
their own.
Article 18
Patent agents shall handle patent commissioning services in two or
more patent agencies simultaneously.
Before quitting their jobs at patent agencies, patent agents must
appropriately conclude unsettled commissioned cases.
Article 19
In case bearers of "Patent Agent Qualification Certificate" fail to
engage in patent commissioning business or patent-related management for 5
years, their "Patent Agent Qua lification Certificates" are automatically
rendered ineffective.
Article 20
Patent agents in the course of doing their professional work or
within 1 year of their quitting their profession must not apply for
patents.
Article 21
Patent agents lawfully handling patent commissions shall be protected
by State laws and their work shall not be interfered with
by any unit or individual.
Article 22
State organ staff are forbidden to work at patent agencies and engage
in patent commissioning service in their spare-time.
Article 23
Patent agents have the responsibility to keep the inventions they get
to know in the course of their rendering commission service s unless
relevant patent application have been made public.
Chapter 4 Punishment
Article 24
For one of the following offenses, the governing authorities or
patent administrations of the provinces, autonomous regions or
municipalities directly under the Central Government may serve a warning
to the offendin g patent agency; in cases of serious offense, CAP may
punish it by ordering its close:
(1) concealing facts in application;
(2) changing major registration items by itself;
(3) accepting and handling patent commission services unauthorizedly
or beyond the approved business scope; and
(4) other illegal activities.
Article 25
For one of the following offenses on the part of patent agents,
relevant patent agencies may criticize the offenders if the cases are not
serious; in cases of serious offenses, pate nt agencies may discharge the
offenders and revoke their "Patent Agent Work Permit"; rel evant patent
administrations of the provinces, autonomous regions or municipalities
dire ctly under the Central Government may serve each offender a warning
or CAP may revoke hi s or her "Patent Agent Qualification Certificate":
(1) failing to fulfill his or her duties to the detriment of the
interests of the consignors;
(2) disclosing or stealing inventions of the consignors;
(3) going beyond the powers of commission and causing damages to the
interests of the consignors; and
(4) charging through accepting and handling patent commission
services without perm ission.
If the commissaries' economic losses has been caused by the behaviors
as stated in the previous paragraph, relevant patent agencies, after
making economic co pensations, may charge the patent agent in question
according to a given proportion.
Article 26
If a patent agency ordered to close down as a punishment by CAP and a
patent agent whose "Patent Agent Qualification Certificate" has been
revoked do not agr ee with the decisions of punishment, they may appeal to
CAP for re-examination; if they still fail to be satisfied with the CAP
decision, they may bring the case to a people's court within 15 days of
the receipt of the CAP decision.
Chapter 5 Supplementary Articles
Article 27
The right to interpret these Regulations hereof rests with CAP.
Article 28
These Regulations hereof become effective as of April 1, 1991. The
Temporary Regulations on Patent Commissioning endorsed by the State
Council on September 4, 1985 and promulgated by CAP on September 12 of the
same year is simultaneously canceled.
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