Regulations on Patent Commissioning
Author:Issuing Date:2008-01-24 13:33:10Source:
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.