Article 1

These Regulations are formulated with the view of protecting the lawful rights and interests of patent agencies and commissioning parties, and ensuring the normal order of patent commissioning work.

Article 2

For the purpose of these Regulations, the term “patent commissioning” shall mean the handling by a patent agency, within the scope of its delegated authority, of a patent application or other patent related matters in the name of a commissioning party.

Chapter II Patent Agencies

Article 3

The term “patent agency” as used in these Regulations shall refer to a service organ which, on accepting the commission of a commissioning party, applies for a patent or handles other patent related matters within the authorized scope of its commission.

Patent agencies shall include:

(1) Patent agencies which handle foreign-related patent work;
(2) Patent agencies which handle domestic patent work;
(3) Law firms which handle domestic patent work.

Article 4

The establishment of a patent agency must meet the following requirements:

(1) Having its own name, constitution and fixed office premises;
(2) Having the necessary capital and working facilities;
(3) Having financial independence and the ability to independently bear civil liabilities;
(4) Employing three or more full-time personnel with patent agent qualifications and a proportionate number of part-time personnel with patent agent qualifications in conformity to the stipulations of the Patent Office of the
People’s Republic of China.

Where a law firm engages in patent commissioning work, it must employ fulltime personnel specified in the Item (4) above.

Article 5

When applying to a patent administration authority for establishing a patent agency, the following documents must be submitted:

(1) An application for establishing a patent agency in which the proposed name of the patent agency, its office premises and the name of the person in charge must be clearly stated;
(2) Constitution of the patent agency;
(3) Names of patent agents and their qualification certificates;
(4) Written testimony on the funds and facilities of the patent agency.

Article 6

Where an application is filed for establishing a patent agency handling domestic patent work, or where an application is filed by a law firm for engaging in patent commissioning work, the application shall, after obtaining the approval of its governing authority, be submitted to the patent administration authority in its province, autonomous region or municipality directly under the Central Government for examination; where there is no governing authority, the application may be submitted directly to the patent administration authority in its province, autonomous region or municipality directly under the Central Government for examination. After approving the application subject to such an examination, the examination authority shall submit it to the Patent Office of the People’s Republic of China for examination and approval.

An application for establishing a patent agency handling foreign-related patent work shall be made in accordance with the relevant provisions of the Patent Law of the People’s Republic of China. A patent agency which handles foreign related patent work may also handle domestic patent work subject to approval from the Patent Office of the People’s Republic of China.

Article 7

A patent agency shall be established from the date of approval, commence patent commissioning work, enjoy civil rights and bear civil liabilities according to law.

Article 8

A patent agency may undertake the following work:

(1) Providing patent-related consultancy;
(2) Preparing, on commission, patent application documents and filing the patent applications; handling matters related to requests for a substantive examination or reexamination;
(3) Handling matters related to filing oppositions and requesting the announcement of a patent right invalidation;
(4) Handling matters related to the assigning of the patent application rights or patent rights, as well as the patent licensing;
(5) Accepting invitations and appointing patent agents to serve as patent advisers;
(6) Handling other relevant matters.

Article 9

A patent agency shall, when it accepts a commission and undertakes work, have a letter of appointment signed by the commissioning party stating clearly the commissioned items and the extent of authority of the commission.

A patent agency may, if necessary, appoint a patent agent named by the commissioning party to undertake commissioned work.

A patent agency may, in accordance with the relevant provisions of the State, charge fees for the commission acceptance and work undertaking.

Article 10

A patent agency shall, after accepting a commission, be prohibited from accepting the commission of any other commissioning party in relation to patent work of the same content.

Article 11

A patent agency shall engage as patent agents those personnel with a “Patent Agent Qualification Certificate.” Employment procedures shall be completed for patent agents engaged, and the patent agency shall issue a “Patent Agent Work Permit” to them and report to the Patent Office of the People’s Republic of China for the record.

With respect to those personnel engaging in patent commissioning work for the first time, only after their completion of a one-year probationary period may a patent agency issue a “Patent Agent Work Permit.”

A patent agency shall promptly withdraw the “Patent Agent Work Permit” from a patent agent who has been dismissed and report to the Patent Office of the People’s Republic of China for the record.

Article 12

Where a patent agency changes its name, address or the person in charge, it shall make a report to the Patent Office of the People’s Republic of China to register the changes. Only after it is subject to approval and registration shall such a change be effective.

Where a patent agency ceases its operations, it shall, after appropriately handling all unfinished matters, make a report to its original examination authority, and this authority shall report to the Patent Office of the People’s Republic of China for completing the relevant procedures.

Article 13

Where, due to a change in circumstances, an approved patent agency no longer meets the requirements stipulated in Article 4 of these Regulations and will still be unable to meet these requirements within one year, the original patent administration authority which approved its establishment shall suggest to the Patent Office of the People’s Republic of China to cancel that patent agency.

Chapter III Patent Agents

Article 14

The term “patent agent” as used in these Regulations shall refer to a person having a “Patent Agent Qualification Certificate” and a “Patent Agent Work Permit.”

Article 15

Any Chinese citizen who upholds the Constitution of the People’s Republic of China and satisfies the following requirements may apply to be a patent agent:

(1) Is at least 18 years of age with full capacity for civil actions;
(2) Is a graduate of an institution of higher learning in science or engineering (or having an equivalent educational level) with a command of one foreign language;
(3) Is well-versed in a knowledge of the patent law and related legal knowledge;
(4) Has worked for at least two years in a scientific, technical or legal field.

Article 16

A person applying to be a patent agent shall, after making an application and passing an examination held by the patent agent examination commission, be issued with a “Patent Agent Qualification Certificate” by the Patent Office of the People’s Republic of China.

The patent agent examination commission shall consist of the relevant persons from the Patent Office of the People’s Republic of China, the State Council departments concerned and patent agent organizations.

Article 17

A patent agent shall only handle patent commissioning work assigned by its patent agency, and may not accept commissions by himself.

Article 18

A patent agent may not undertake patent commissioning work in two or more patent agencies simultaneously.

A patent agent must, before he is transferred from a patent agency, make appropriate arrangements for all uncompleted commissions.

Article 19

The “Patent Agent Qualification Certificate” shall automatically cease to be valid if the holder fails to engage in any patent commissioning work or patent administrative control work over a five-year period.

Article 20

A patent agent may not apply for a patent while engaged in patent commissioning work or within one year of ceasing involvement with such work.

Article 21

When executing patent commissioning work according to law, a patent agent shall receive the protection of State laws and shall not be subject to interference from any unit or individual.

Article 22

The staff of State authorities may not work for any patent agency in a part-time manner or engage in any patent commissioning work.

Article 23

A patent agent shall have the responsibility to keep secret the content of any invention-creation which, in the course of his commissioning work, he may become aware of, except those in the patent applications that have already been published or announced.

Chapter IV Penalty Provisions

Article 24

A patent agency’s governing authority or the patent administration authority of the relevant province, autonomous region or municipality directly under the Central Government may give a warning to a patent agency or, in serious circumstances, the Patent Office of the People’s Republic of China may cancel its status as a patent agency if a patent agency is involved in any of the following acts:

(1) Concealing true facts and practicing fraud when applying for establishment approval;
(2) Altering an important item of registration without authorization;
(3) Accepting and undertaking, without authorization, patent commissioning work without first undergoing examination and approval or beyond its approved scope of operations;
(4) Engaging in other illegal operations or activities.

Article 25

A patent agency employing a patent agent shall give the agent criticism in a minor case of his violation or, in serious circumstances, shall dismiss the agent and withdraw his “Patent Agent Work Permit,” while the patent administration authority of the relevant province, autonomous region or municipality directly under the Central Government shall give a warning to the patent agent, or the Patent Office of the People’s Republic of China shall revoke his Patent Agent Qualification Certificate if the patent agent is involved in any of the following acts:

(1) Failing to fulfil official duties or to be competent so that the interests of a commissioning party are harmed;
(2) Disclosing or plagiarizing the content of a commissioning party’s invention creation;
(3) Exceeding the powers of a commission, thereby harming the interests of the commissioning party;
(4) Privately accepting a commission to undertake patent commissioning work and collecting fees for such work.

If any act stated in the preceding paragraph causes an economic loss for a commissioning party, the relevant patent agency may, after bearing responsibility for the economic compensation, seek repayment of a set ratio from the patent agent involved.

Article 26

If a patent agency punished does not agree with the penalty decision made by the Patent Office of the People’s Republic of China on canceling its status as a patent agency, or a patent agent punished does not agree with the penalty decision on revoking his “Patent Agent Qualification Certificate,” an application for reconsideration of the case may be lodged with the Patent Office of the People’s Republic of China. Where the aforesaid agency or agent still disagrees with the reconsidered decision, legal proceedings may be initiated with the people’s court within 15 days from the date of receiving notice of the
reconsidered decision.

Chapter V Supplementary Provisions

Article 27

The Patent Office of the People’s Republic of China shall be responsible for the interpretation of these Regulations.

Article 28

These Regulations shall enter into force as of April 1, 1991. The Interim Provisions on Patent Agency, approved by the State Council on September 4, 1985 and promulgated by the Patent Office of the People’s Republic of China on September 12, 1985 shall be annulled as of the same date.

Promulgated by The State Council on 1991-3-4