Regulation on Patent Agency (2018 Revision)

Regulation on Patent Agency (2018 Revision) Order of the State Council of the People's Republic of China (No. 706) The Regulation on Patent Agency , as revised and adopted at the 23rd executive meeting of the State Council on September 6, 2018, is hereby issued, and shall come into force on March 1, 2019. Premier: Li Keqiang November 6, 2018 Regulation on Patent Agency (Issued by Order No. 76 of the State Council of the People's Republic of China on March 4, 1991 and revised and adopted at the 23rd executive meeting of the State Council on September 6, 2018) Chapter I General Provisions Article 1 For the purposes of regulating patent agency conduct, protecting the lawful rights and interests of principals, patent agencies and patent agents, maintaining the normal order of patent agency activities, and promoting the sound development of the patent agency industry, this Regulation is developed under the Patent Law of the People's Republic of China . Article 2 For the purpose of this Regulation, “patent agency conduct” means the conduct that a patent agency, as authorized, deals with patent application, declaration of patent invalidity, or any other patent matter in the name of the principal within the scope of the authority of agency. Article 3 An entity or individual may apply for a patent and deal with any other patent matter in China by itself, himself or herself, or authorize a patent agency established according to the law to do so, except as otherwise stipulated by law. A patent agency shall deal with patent matters as authorized by the principal. Article 4 A patent agency or patent agent shall, when practicing, abide by the laws and administrative regulations, observe professional ethics and practicing discipline, and protect the lawful rights and interests of principals. A patent agency or patent agent that practices in accordance with the law shall be protected by law. Article 5 The patent administrative department of the State Council shall be responsible for patent agency administration nationwide. The departments of patent administration of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent agency administration within their respective administrative regions. Article 6 Patent agencies and patent agents may establish or participate in patent agency industry organizations according to the law. A patent agency industry organization shall develop self-regulatory rules of the patent agency industry. The self-regulatory rules of the patent agency industry may not contravene any law or administrative regulation. The patent administrative department of the State Council shall supervise and guide patent agency industry organizations according to the law. Chapter II Patent Agencies and Patent Agents Article 7 A patent agency shall be organized in such form as partnership and limited liability company. Article 8 A patent agency in such form as partnership and limited liability company that engages in patent agency business shall meet the following requirements: (1) It has a patent agency name in compliance with the provisions of the laws and administrative regulations. (2) It has a written partnership agreement or corporate bylaws. (3) It has independent business premises. (4) Its partners or shareholders comply with the relevant provisions of the state. Article 9 An entity that is to engage in patent agency business shall file an application with the patent administrative department of the State Council, submit relevant materials, and obtain a patent agency practicing permit. The patent administrative department of the State Council shall, within 20 days from the date of accepting the application, make a decision on whether to issue a patent agency practicing permit. In the case of any change in the partner, shareholder, legal representative, or any other matter of a patent agency, the formalities for modification shall be completed. Article 10 A Chinese citizen who has received a junior college degree or above in science or engineering from an institution of higher learning may sit for the national patent agent qualification examination; and if he or she passes the examination, the patent administrative department of the State Council shall issue a patent agent qualification certificate. Measures for the patent agent qualification examination shall be developed by the patent administrative department of the State Council. Article 11 A patent agent shall obtain a patent agent qualification certificate, complete an internship of one year or more at a patent agency, and practice in a patent agency. Article 12 A patent agent that practices for the first time shall, within 30 days from the date of practicing, go through recordation formalities with the department of patent administration of the people's government of the province,......