Provisional Provisions on Patent Agency (1985)
Release Time：
2015-09-02
Announcement of Patent Office of the People's Republic of China
tenth
The Provisional Provisions on Patent Agency, which were approved by The State Council on September 4, 1985, are hereby promulgated. As of September 12, 1985.
It is hereby announced.
September 12, 1985
Provisional Provisions on patent agency
Article 1 These provisions are formulated to implement the patent agency provisions of the Patent Law of the People's Republic of China.
Article 2 A patent agency shall, in accordance with the provisions of Articles 19 and 20 of the Patent Law of the People's Republic of China, accept the entrustment of the patent applicant or any other party to handle the application for a patent and other patent matters.
Article 3 The term "patent agency" as mentioned in these Provisions refers to:
(1) patent agency designated by The State Council;
(2) Patent agencies established with the approval of the competent departments under The State Council and the patent administration authorities of the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, open cities and special economic zones;
(3) Law firms that may handle patent agency matters with the consent of the patent administration authorities of the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, open cities and special economic zones.
The patent agency mentioned in subparagraphs 2 and 3 of the preceding paragraph shall be filed with the Patent Office of China by the patent administration authority.
Article 4 When accepting entrustment and undertaking business, a patent agency shall have a letter of entrustment submitted by the client, indicating the power of entrustment, and shall be sealed or signed by the client.
Patent agencies accept entrustment, undertake business, and charge fees in accordance with regulations.
Article 5 A patent agency shall have a patent agent to undertake the following affairs:
(1) Providing advice on patent matters;
(2) Preparation of patent application documents and matters related to patent application;
(3) Matters relating to requests for substantive review or requests for review;
(4) Matters relating to the filing of an objection or request for the invalidation of a patent right;
(5) Matters relating to the assignment of patent right and licensing of patent right;
(6) Other patent matters.
A patent attorney may be hired as a patent consultant.
Article 6 Citizens of the People's Republic of China who have the right to vote and stand for election according to law may apply to the Patent Office of the People's Republic of China for registration as patent agents if they meet the following conditions:
(1) Graduate from an institution of higher learning majoring in science or engineering (or have equivalent academic qualifications), master a foreign language, and have worked in scientific and technological work for more than three years or in other work related to science and technology for more than five years;
(2) Received training in patent law and related patent business, and mastered basic legal knowledge related to patent agency work.
Those engaged in foreign-related patent agency work, in addition to meeting the conditions listed in the preceding paragraph, should also be familiar with the relevant national and international laws and treaties for the protection of industrial property rights, and master a foreign language.
Article 7 The Patent Office of the People's Republic of China, the Ministry of Justice, the China Council for the Promotion of International Trade and other relevant departments and organizations shall form an examination committee for patent agents, which shall be responsible for the following work:
(1) To assess persons who apply for registration as patent agents;
(2) To supervise and guide the work of patent agency in the field of business.
Article 8 A person who applies for registration as a patent agent shall be qualified as a patent agent if he passes the examination by the Examination Committee for Patent Agents and is registered as a patent agent by the Patent Office of China and issued a patent agent certificate.
Article 9 A patent agent must perform duties in a patent agency, be appointed by the patent agency, and may not accept any commission on his own.
Article 10 When patent agents perform their duties according to law, they shall be protected by the laws of the State, and no unit or individual may interfere.
Article 11 The acts of a patent agent within the power of entrustment shall have the same legal effect as those of the principal.
Article 12 A patent agent shall have the duty to keep secret any invention-creation he comes to know in the course of his business activities, except where the patent application has been published or announced.
Article 13 Where a patent agent has any of the following circumstances, the Patent agent Examination Committee shall have the right to cancel his qualification as a patent agent:
(1) Plagiarizing the client's invention-creation, intentionally disclosing the content of the client's invention-creation, or committing other acts that seriously harm the client's interests;
(2) Seriously incompetent.
The Examination Committee for patent agents shall notify the Patent Office of China of the decision to cancel the qualification of the patent agent, which shall cancel the registration of the patent agent and hand in the certificate of the patent agent.
Article 14 Where a patent agent commits an act in paragraph 1 (1) of the preceding article, the unit to which he belongs shall give him an administrative sanction; If the circumstances are serious, legal responsibility shall be investigated according to law.
Article 15 The Chinese Patent Office shall be responsible for the interpretation of these provisions.
Article 16 These provisions shall come into force as of the date of promulgation.
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