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Regulations on Patent
Commissioning (Promulgated on March 4, 1991)
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.
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.
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 offending 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, patent
agencies may discharge the offenders and revoke their "Patent Agent
Work Permit"; relevant patent administrations of the provinces,
autonomous regions or municipalities directly under the Central
Government may serve each offender a warning or CAP may revoke his
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 permission.
If the commissaries' economic losses hass been caused by the behavior as
stated in the previous paragraph, relevant patent agencies, after making
economic pensions, 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 agree 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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