Regulations on Patent Commissioning
Author:Issuing Date:2008-01-24 13:33:10Source:
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.
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 patent 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 judges deem him or her qualified.
The panel of judges is composed of persons from CAP, State Council department and organizations of patent agents.
Article 17 Patent agents shall handle only patent commissioning services assigned by their patent agencies and shall not accept such services 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 Qualification 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.