LAWS AND REGULATIONS

Decree of The State Council of the People's Republic of China 

Number 706

The "Regulations on Patent Agency" was revised and adopted at the 23rd Executive meeting of The State Council on September 6, 2018, and the revised "Regulations on Patent Agency" are now promulgated and will come into force on March 1, 2019.

Premier  Likeqiang

November 6, 2018

Patent agency regulations

(Promulgated by Decree No. 76 of The State Council of the People's Republic of China on March 4, 1991, revised and adopted at the 23rd Executive Meeting of The State Council on September 6, 2018)

Chapter I General provisions

Article 1 These Regulations are formulated in accordance with the Patent Law of the People's Republic of China in order to regulate the conduct of patent agency, protect the legitimate rights and interests of the client, patent agency offices and patent agents, maintain the normal order of patent agency activities, and promote the healthy development of the patent agency industry.

Article 2 The term "patent agency" as mentioned in these Regulations refers to the act of a patent agency accepting an entrustment, handling patent applications, declaring patent rights invalid and other patent matters in the name of the client within the scope of its agency authority. 

Article 3 Any entity or individual may apply for a patent and handle other patent matters in China on its own, or may entrust a patent agency established according to law to handle the matter, except as otherwise provided by law. 

Patent agency shall handle patent affairs in accordance with the entrustment of the client. 

Article 4 Patent agencies and patent agents shall abide by laws and administrative regulations, abide by professional ethics and professional discipline, and safeguard the legitimate rights and interests of the client. 

The practice of patent agencies and patent agents according to law shall be protected by law. 

Article 5 The patent administration department under The State Council shall be responsible for the administration of patent agency throughout the country. 

The administrative departments for patent affairs of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the administration of patent agency within their respective administrative areas. 

Article 6 Patent agencies and patent agents may establish and participate in patent agency trade organizations according to law. 

Patent agency industry organizations shall formulate self-regulatory norms for patent agency industry. Self-regulation of patent agency industry shall not contravene laws and administrative regulations.

The patent administration department under The State Council shall supervise and guide the patent agency trade organizations according to law.

Chapter II Patent Agencies and patent Agents

Article 7 The form of organization of a patent agency shall be a partnership, limited liability company, etc.

Article 8 A patent agency in the form of a partnership or limited liability company engaged in patent agency business shall meet the following requirements: 

(1) Having the name of a patent agency that complies with the provisions of laws and administrative regulations; 

(2) Having a written partnership agreement or articles of association; 

(3) Having an independent place of business; 

(4) Partners and shareholders shall comply with the relevant provisions of the State. 

Article 9 Anyone engaged in patent agency business shall file an application with the patent administration Department under The State Council, submit relevant materials, and obtain a license to practice as a patent agency. The patent administration department under The State Council shall, within 20 days from the date of acceptance of the application, make a decision on whether to issue a practice license to a patent agency. 

Where there is any change in the matters of the partners, shareholders or legal representatives of the patent agency, such change formalities shall be handled. 

Article 10 Chinese citizens with a college degree or above in science and engineering of an institution of higher learning may participate in the national patent agent qualification examination; If the applicant passes the examination, the patent administration department under The State Council shall issue the patent agent qualification certificate. Measures for the qualification examination of patent agents shall be formulated by the patent administration department under The State Council. 

Article 11 A patent agent shall obtain a patent agent qualification certificate, practice in a patent agency for at least one year, and work in a patent agency. 

Article 12 A patent agent who practices for the first time shall, within 30 days from the date of practice, file with the administrative department for patent affairs of the people's government of the province, autonomous region or municipality directly under the Central Government where the patent agency is located. 

The administrative departments for patent affairs of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall provide convenience to patent agents for filing through the Internet. 

Chapter III Patent agency practice 

Article 13 A patent agency may be entrusted to act as an agent for patent application, invalidation of patent right, assignment of patent application right or patent right, conclusion of patent licensing contract, etc. It may also provide consultation on patent affairs at the request of the parties concerned. 

Article 14 When accepting entrustment, a patent agency shall conclude a written entrustment contract with the client. After accepting the entrustment, a patent agency shall not accept any entrustment from any other party having a conflict of interest in respect of the same patent application or patent right.

The patent agency shall appoint a patent agent practicing in the agency to undertake the patent agency business, and the designated patent agent himself or his close relatives shall not have any conflict of interest with the patent agency business he or she undertakes. 

Article 15 Where a patent agency is dissolved or has its practice license revoked or revoked, it shall properly handle all pending patent agency business. 

Article 16 Patent agents shall undertake patent agency business in accordance with the assignment of patent agency, and may not accept the commission on their own. 

A patent agent shall not engage in patent agency business in two or more patent agency offices at the same time. 

Patent agents shall be responsible for the patent agency business performed by their signatures. 

Article 17 Patent agencies and patent agents shall have the obligation to keep confidential the contents of invention-creations that they come to know in the course of their practice, except where the patent application has been published or announced. 

Article 18 No patent agency or patent agent may apply for a patent in its own name or request the invalidation of a patent right. 

Article 19 Any employee of the patent administration department under The State Council or of the patent administration department under the local people's government may not, after leaving office, engage in patent agency work within the time limit prescribed by laws and administrative regulations. 

No patent agent who has served in the patent administration department under The State Council or in the administrative department for patent affairs under the local people's government may act as an agent for any patent application or patent case that he has examined, tried or handled. 

Article 20 Patent agency fees shall follow the principles of voluntariness, fairness and good faith, taking into account economic and social benefits. 

The State encourages patent agencies and patent agents to provide patent agency assistance services for small and micro enterprises and inventors and designers with no income or low income. 

Article 21 The patent agency trade organization shall strengthen the self-discipline management of its members, organize the training of patent agents and the education of professional ethics and practice discipline, and punish members who violate the self-discipline norms of the industry. 

Article 22 The patent administration department under The State Council and the administrative departments for patent affairs under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, by random inspection and other means, inspect and supervise the practice activities of patent agencies and patent agents, and shall promptly deal with violations of the provisions of these Regulations in accordance with law, and publish the results of inspection and treatment to the public. No fee shall be charged for the inspection. 

Article 23 The patent administration department under The State Council and the administrative departments for patent affairs under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall strengthen the publication of public information on patent agencies and provide inquiry services for the public to understand the operation of patent agencies and the practice of patent agents. 

Chapter IV Legal liability 

Article 24 Where a practicing license of a patent agency or a patent agent qualification certificate is obtained by concealing the true situation or resorting to fraud, the patent administration department under The State Council shall revoke the practicing license of the patent agency or the patent agent qualification certificate. 

Where, after obtaining the practice license, the patent agency no longer meets the requirements provided for in these Regulations due to changes in circumstances, the patent administration department under The State Council shall order rectification within a prescribed time limit; Those who fail to make corrections within the time limit or fail to make rectification shall have their practicing license revoked. 

Article 25 Where a patent agency commits any of the following acts, the administrative department for patent affairs of the people's government of a province, autonomous region or municipality directly under the Central Government shall order it to make corrections within a time limit, give it a warning, and may be imposed a fine of not more than 100,000 yuan; Where the case is serious or fails to be corrected within the time limit, the patent administration department under The State Council shall order it to stop undertaking new patent agency business for 6 to 12 months, or even revoke the practice license of the patent agency: 

(1) partners, shareholders or legal representatives and other matters have changed without going through the change procedures; 

(2) accepting entrustment from other parties with conflicts of interest in connection with the same patent application or patent right; 

(3) appointing a patent agent to undertake patent agency business where there is a conflict of interest with him or his close relatives;

(4) divulge the contents of the client's invention-creation, or apply for a patent in his own name or request that the patent right be declared invalid;

(5) neglect of management, resulting in serious consequences. 

Where a professional agency, in the course of its practice, divulges the contents of an invention or creation of a client, involving disclosure of state secrets or infringement of commercial secrets, or offers bribes to the staff of a relevant administrative or judicial organ or provides false evidence, it shall bear legal liability in accordance with the provisions of relevant laws and administrative regulations; The patent administration department under The State Council shall revoke the practice license of the patent agency.

Article 26 Where a patent agent commits any of the following acts, the administrative department for patent affairs of the people's government of a province, autonomous region or municipality directly under the Central Government shall order him to make corrections within a time limit, give him a warning, and may be imposed a fine of not more than 50,000 yuan; Where the case is serious or fails to be corrected within the time limit, the patent administration department under The State Council shall order it to stop undertaking new patent agency business for 6 to 12 months, or even revoke the patent agent qualification certificate:

(1) failure to record in accordance with the provisions of these Regulations; 

(2) accepting entrustment for patent agency business on its own; 

(3) engaging in patent agency business in two or more patent agency offices at the same time; 

(4) acting as an agent in violation of the provisions of these Regulations for patent applications or patent cases that they have examined, tried or handled; 

(5) disclosing the contents of the client's invention-creation, or applying for a patent in his own name or requesting that the patent right be declared invalid. 

Where a patent agent discloses the contents of a client's invention-creation in the course of his practice, involving disclosure of state secrets or infringement of commercial secrets, or bribing the staff of a relevant administrative or judicial organ or providing false evidence, he shall bear legal liability in accordance with the provisions of relevant laws and administrative regulations; The patent administration department under The State Council shall revoke the patent agent qualification certificate.

Article 27 Where anyone, in violation of the provisions of these Regulations, carries out patent agency business without authorization, the administrative department for patent affairs of the people's government of a province, autonomous region or municipality directly under the Central Government shall order him to stop his illegal act, confiscate his illegal income, and impose a fine of not less than one time but not more than five times his illegal income. 

Article 28 Any employee of the patent administration department under The State Council or of the administrative department for patent affairs under the people's government of a province, autonomous region or municipality directly under the Central government who, in violation of the provisions of these Regulations, abuses his power, neglects his duty or engages in malpractices for personal gains shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law.

Chapter V Supplementary Provisions 

Article 29 The establishment of a resident representative office of a foreign patent agency within the territory of the People's Republic of China shall be subject to the approval of the patent administration department under The State Council. 

Article 30 A law firm may carry out patent-related business in accordance with the Lawyers Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China and other laws and administrative regulations, provided that the agency of patent applications and the invalidation of patent rights shall comply with the provisions of these Regulations. Specific measures shall be formulated separately by the patent administration department under The State Council in consultation with the judicial administration department under The State Council.

Article 31 Measures for the administration of patent agencies and patent agents that represent national defense patent affairs shall be formulated separately by the patent administration department under The State Council in consultation with the competent authority of the national defense patent agency. 

Article 32 These Regulations shall come into force as of March 1, 2019. 

The patent agency legally established before the implementation of these Regulations and the patent agent lawfully practicing may, after the implementation of these Regulations, continue to carry out patent agency business in the name of patent agency and patent agent.