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Patent Agents Ordinance
(March 4, 1991 the State Council Order No. 76 issued since April 1, 1991 will come into effect)
                                             General Provisions
First of
In order to protect patent agency and the client's legal rights and interests of patent agents, the normal order, the enactment of this Ordinance.
The second of the
This patent is alleged patent agency refers to the name of the client, acting within the scope of, the processing of patent applications or for other patent matters.


                                            The second chapter patent agency
Article III
This alleged patent agency refers clients to accept at the request within delegated authority, the processing of patent applications or patents affairs of other service providers.
Patent agency include :
(1) for patent matters of foreign patent agencies;
(2) domestic patent for the patent agency;
(3) domestic patent matters for the firm.
The fourth of the patent agency to be established to meet the following conditions :
(1) have their own names, charters, fixed premises;
(2) the need for the funds and work facilities;
(3) financial independence, to bear civil liability;
(4) More than three qualified patent attorney and a full-time staff with the Chinese Patent Office, the proportion of patent agents with the qualifications of part-time workers.
Patent law firms run businesses, must be above the fourth full-time staff.
Article 5
Patent authorities to apply for setting up patent agency should submit the following documents :
(1) establishment of the patent agency applications and patent agency stated the name, office space, names of the responsible persons;
(2) charter patent agency;
(3) patent agents, the names and credentials;
(4) patent agency funds and facilities of the documentary evidence.
Article VI
Applications for the establishment of a domestic patent patent agency, or law firm of patent applications to run the business, should be subject to the agreement of the authorities in charge, reported to the provincial, autonomous regional and municipal authorities to review patents; No competent authorities, can be directly reported to the provincial, regional, municipalities patent management organs. Review agree with the review bodies from the China Patent Office for approval.
Applications for the establishment of foreign-related patent patent agency, it should be in accordance with the "Patent Law of the PRC" to the relevant provisions. Foreign patent matters for the patent agency, the Chinese Patent Office approved the patent can handle domestic affairs.
Article 7
Patent agency since the ratification of the date of establishment of lawful patent agency business, enjoy civil rights and civil liability.
Article 8
Patent agency contractors following services :
(1) patent advisory services;
(2) writing patent applications, the processing of patent applications; Request substantive review or a review of the affairs;
(3) object request declared invalid patents related matters;
(4) processing of patent applications, the transfer of the franchise and licensing of related services;
(5) to hire, as patent agents assigned patent consultants;
(6) for other related matters.
9
Patent agency entrusted to the contractor, will be named a client a written instructions, and the state commission matters delegated authority.
Patent agency may need, assigning clients designated patent agents, contractors agency business.
Patent agency entrusted to the contractor business, in accordance with relevant state regulations charged.
10
Patent agency entrusted, not the same as the patent accept other clients interested in the commission.
11
Patent agency should recruit "patent agent credentials," the staff for patent agents. The appointment of patent agents should apply procedures employed by the patent agency to "patent agents work permit," to the Chinese Patent Office filing.
Initial engaged in patent agency work, after a full year internship, patent agents may be issued a "patent agents work permit."
Patent agency to lift the appointment of patent agents should promptly withdraw its "patent agents work permit," to the China Patent Office filing.
Article 12
Patent agency change of name, address and the person responsible should be reported to be change in the Chinese Patent Office registration, registration approved, the change before it can take effect.
Patent agency business, should properly handle the various law by not matter, the review bodies to declare their own, with the organ of the Chinese Patent Office, the relevant procedures.
Article 13
The approved patent agencies, the situation will not change in accordance with the provisions of Article 4 of the conditions, and within a year still can not meet the conditions of the original review of the patent agency should suggest that the Chinese Patent Office revoked the patent agency.


                                                 The third chapter patent agents
14
This alleged patent agents, it means "patent agent credentials," hold "patent agents work permit" officers.
Article 15
Uphold the Constitution of the PRC, with the following conditions of the Chinese citizens can apply for a patent agent qualifications :
(1) 18 and older, with the full civil capacity;
(2) institutions of higher learning engineering graduate (or with equivalent), and mastery of a foreign language;
(3) be familiar with patent law and the legal knowledge;
(4) engaged in more than two years the scientific and technical work or legal work.
Article 16
Patent agents qualified staff, I applications, patent agents and Evaluation Commission of qualified appraisal by the China Patent Office to "patent agent credentials."
Patent agents and Evaluation Commission by the Chinese Patent Office, the State Council departments and patent agents of the Organization of staff.
17
Patent agents, contractors must patent agency designated by the patent agency work, not to accept the commission.
Article 18
Patent agents not at the same time in more than two patent agency engaged in patent agency business.
Patent agents transferred from the former patent agency, we must properly handle the law by not patent cases.
Article 19
Access to "patent agent credentials," not five years engaged in patent agency business or administration of the patent, "patent agent credentials" automatically lapse.
20
Patent agents engaged in patent agents from the business during and after the patent agency business within a year, not to apply for a patent.
Article 21.
Patent agents engaged in patent law agency business, subject to the protection of national law to prevent any units or individuals from interfering.
Article 22.
The work of state organs, not to be a part-time patent agency, engaged in patent agents.
Article 23
Patent agents acting in its operational activities understanding of the invention and creation of content, with the exception of patent applications has been published or notice, has the responsibility to keep secrets.


                                                    The fourth chapter penalties
Article 24
Patent agency is one of the following cases, the higher authorities, or provinces, autonomous regions and municipalities patent management organs, can be given a warning punishment; In serious cases, given by the Chinese Patent Office revoked institutions punishment :
(1) application for approval to hide the real situation, fraud;
(2) to arbitrarily change the main registration matters;
(3) rubber-stamped approval, or beyond the approved scope of patent authorization is commissioned, the contractor patent agency business;
(4) engage in other illegal business activities.
Article 25
Patent agents, any of the following acts, a minor, from where the patent agency criticized education. In serious cases, which can host the patent agency to lift employment, and to recover its "patent agents work permits"; The provinces, autonomous regions, municipalities patent management organs or given a warning by the Chinese Patent Office revoked "patent agent credentials" punishment :
(1) failure to perform duties or incompetent detriment of the interests of the client;
(2) disclosure of the client or plagiarized content of the invention;
(3) beyond the competence of agents and damage the interests of the client;
(4) accept privately commissioned, the contractor patent agency business, charging fees.
The preceding section, to the client and resulted in economic losses, patent agency to assume the economic liability, according to a certain proportion to the patent agents recovery.
Article 26
Penalties patent agency of the Chinese Patent Office revoked its agencies, had been punished patent agent to revoke its "patent agent credentials," the penalties against the decision can be made to the Chinese Patent Office for reconsideration against the reconsideration decision, the receipt of the reconsideration decision within 15 books to people China court proceedings.
Fifth Chapter
Article 27.
This Ordinance by the Chinese Patent Office for interpretation.
Article 28
The Regulations on April 1, 1991 has come into effect. On September 4, 1985 approval of the State Council on September 12 the same year the Chinese Patent Office issued the "Interim Provisions patent agents" abolished at the same time.
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