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Is it necessary to hire an agent when filing a patent application?
Release Time:
2020-06-08
Source: State Intellectual Property Office Published: 2020-06-08
Article 19 of China's Patent Law provides that "foreigners, foreign enterprises or other foreign organizations that do not have a permanent residence or place of business in China shall entrust patent agents established in accordance with law to apply for patents and handle other patent matters in China. Chinese units or individuals applying for patents and handling other patent matters in China may entrust the patent agency established in accordance with law to handle them." Where a unit or individual in Mainland China applies for a patent and conducts other patent affairs in the country, it may entrust a patent agency to handle the application, or the applicant may handle the application himself/herself. A foreigner, foreign enterprise or foreign other organization which does not have a regular residence or place of business in the mainland of China applying for a patent and handling other patent matters in the mainland of China, or as the first signed applicant and the applicant in the mainland of China jointly applying for a patent and handling other patent matters, shall entrust the patent agency to handle the application; an applicant from Hong Kong, Macao or Taiwan which does not have a regular residence or place of business in the mainland of China The applicant in Hong Kong, Macao or Taiwan who does not have a regular residence or place of business in the mainland of China shall entrust a patent agent to handle the filing of patent applications and other patent matters with the patent office, or as the first named applicant and the applicant in the mainland of China to file patent applications and other patent matters jointly.
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