Regulations on Patent Agency

Regulations on Patent Agency

Regulations on Patent Agency

Order of the State Council [1991] No.76

March 4,1991

The Regulations on Patent Agency is released hereby and shall take effect as of April 1, 1991.

Premier of the State Council Li Peng

Appendix: Regulations on Patent Agency

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 agency services, these Regulations her eof are formulated.

Article 2 Patent agency 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 withi n their authorized powers.
Patent agencies include:
1. those that handle foreign patent-related affairs;
2. those that handle domestic patent-related affairs;
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;
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 agency 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 na me stated;
2. the articles of association of the patent agency;