Regulations on Patent Agency (Revised in 2018)
Regulations on Patent Agency (Revised in 2018)
Regulations on Patent Agency (Revised in 2018)
Order of the State Council of the People's Republic of China No. 706
November 6, 2018
The Regulations on Patent Agency were revised and adopted at the 23rd executive meeting of the State Council on September 6, 2018. The revised Regulations on Patent Agency are hereby promulgated for implementation as of March 1, 2019.
Li Keqiang, Premier
Regulations on Patent Agency
(Promulgated by Order of the State Council of the People's Republic of China No.76 dated March 4, 1991, and revised and adopted at the 23rd executive meeting of the State Council on September 6, 2018)
Chapter 1 General Provisions
Article 1 In order to regulate patent agency acts, protect the legitimate rights and interests of clients, patent agencies and patent attorneys, maintain the normal order of patent agency activities, and promote the healthy development of the patent agency industry, the Regulations are formulated in accordance with the Patent Law of the People's Republic of China.
Article 2 For the purpose of the Regulations, patent agency refers to the act of a patent agency accepting the entrustment of the handling of patent-related affairs, including applications for patents and declarations of invalidation of patent rights, etc. within the scope of the right of agency and in the name of the client.
Article 3 Any entity or individual may apply, itself, for patents and handling of other patent-related affairs in China, or may entrust a legally established patent agency to do so, except as otherwise stipulated by laws.
A patent agency shall handle patent-related affairs according to the entrustment of the client.
Article 4 When practicing, patent agencies and patent attorneys shall abide by laws and administrative regulations, abide by professional ethics and practice discipline, and safeguard the legitimate rights and interests of clients.
Patent agencies and patent attorneys are protected by law when they practice in accordance with the law.
Article 5 The patent administration department under the State Council shall be responsible for the administration of patent agencies throughout the country.
The departments administering patent work under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the administration of patent agencies within their respective administrative regions.
Article 6 Patent agencies and patent attorneys may establish and participate in industrial organizations for patent agencies according to the law.
Industrial organizations for patent agencies shall formulate self-regulation standards for the patent agency industry. The self-regulation standards for the patent agency industry shall not contravene laws and administrative regulations.
The patent administration department under the State Council shall supervise and guide industrial organizations for patent agencies according to the law.
Chapter II Patent Agencies and Patent Attorneys
Article 7 A patent agency shall be in the form of a partnership or limited liability company.
Article 8 A patent agency in the form of a partnership or limited liability company shall meet the following conditions for engaging in patent agency business:
1.
......
Order of the State Council of the People's Republic of China No. 706
November 6, 2018
The Regulations on Patent Agency were revised and adopted at the 23rd executive meeting of the State Council on September 6, 2018. The revised Regulations on Patent Agency are hereby promulgated for implementation as of March 1, 2019.
Li Keqiang, Premier
Regulations on Patent Agency
(Promulgated by Order of the State Council of the People's Republic of China No.76 dated March 4, 1991, and revised and adopted at the 23rd executive meeting of the State Council on September 6, 2018)
Chapter 1 General Provisions
Article 1 In order to regulate patent agency acts, protect the legitimate rights and interests of clients, patent agencies and patent attorneys, maintain the normal order of patent agency activities, and promote the healthy development of the patent agency industry, the Regulations are formulated in accordance with the Patent Law of the People's Republic of China.
Article 2 For the purpose of the Regulations, patent agency refers to the act of a patent agency accepting the entrustment of the handling of patent-related affairs, including applications for patents and declarations of invalidation of patent rights, etc. within the scope of the right of agency and in the name of the client.
Article 3 Any entity or individual may apply, itself, for patents and handling of other patent-related affairs in China, or may entrust a legally established patent agency to do so, except as otherwise stipulated by laws.
A patent agency shall handle patent-related affairs according to the entrustment of the client.
Article 4 When practicing, patent agencies and patent attorneys shall abide by laws and administrative regulations, abide by professional ethics and practice discipline, and safeguard the legitimate rights and interests of clients.
Patent agencies and patent attorneys are protected by law when they practice in accordance with the law.
Article 5 The patent administration department under the State Council shall be responsible for the administration of patent agencies throughout the country.
The departments administering patent work under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the administration of patent agencies within their respective administrative regions.
Article 6 Patent agencies and patent attorneys may establish and participate in industrial organizations for patent agencies according to the law.
Industrial organizations for patent agencies shall formulate self-regulation standards for the patent agency industry. The self-regulation standards for the patent agency industry shall not contravene laws and administrative regulations.
The patent administration department under the State Council shall supervise and guide industrial organizations for patent agencies according to the law.
Chapter II Patent Agencies and Patent Attorneys
Article 7 A patent agency shall be in the form of a partnership or limited liability company.
Article 8 A patent agency in the form of a partnership or limited liability company shall meet the following conditions for engaging in patent agency business:
1.
......