(Promulgated on March 4, 1991)

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 commissioning services, these Regulations her eof are formulated.

Article 2   Patent commissioning 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 within their authorized powers.
Patent agencies include:
(1) those that handle foreign patent-related affairs;
(2) those that handle domestic patent-related affairs; and
(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; and
(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 commissioning 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 name stated;
(2) the articles of association of the patent agency;
(3) the names of  patent  agents and their certificates of qualification; and
(4) written proof of the amount of capital and installations of  the patent of the agency.

Article 6   Patent agencies applying for the handling of domestic patent-related affairs or law firms applying for the same must have the consent of their governing authorities and their applications must be examined by  patent administrations  of  provinces,  autonomous  regions  or  municipalities directly under the Central Government;  in  the  absence  of  governing authorities, they may be directly examined by the later. Upon agreement, the examining authorities shall report the  applications  to  CAP  for approval.
Patent agencies applying to handle foreign-related patent affairs must go through procedures as stipulated  in  the  Patent  Law  of  the People's Republic of China. Such agencies, upon approval by CAP, can handle domestic patent affairs.

Article 7   Patent agencies, as of the  date  of  approval,  can  start  handling patent-commissioning business in accordance with law, enjoy civil  rights and meet civil liabilities.

Article 8   Patent agencies shall deal with the following businesses:
(1) providing patent-related consulting agencies;
(2) writing on commission patent application documents  and  handling re-examination and other related affairs;
(3) raising disagreement, asking for the  announcement  of  a  patent right cancellation and other related affairs;
(4)  handling the right of patent application, the transfer of patent right and patent permission and other related affairs;
(5) appointing  patent  agents  to  serve  as  patent  advisors  upon invitation; and
(6) other related matters.

Article 9   When patent agencies accept consignments and  handle  business,  they shall have a consignor's letter of commitment clearly stating commissioned items and powers.
If needed, a patent agency  may  designate  a  certain  patent  agent appointed by the consignor to handle the business.
Patent agencies may charge commissions in  accordance  with  relevant regulations of t he State.

Article 10   After accepting a commission, a patent agency shall  not  accept  the commission of rival consignors concerning patents with the  same  content.

Article 11   Patent agencies shall employ as patent agents  persons  with  Patent Agent Qualification Certificate". The latter shall  go  through  necessary procedures, be given  "Patent  Agent  Work  Permit"  by  the  former,  and register at CAP.
Beginners shall not be issued "Patent Agent Work Permit" until  after a full year of apprenticeship.
When patent  agencies  discharge  their  patent  agents,  they  shall recover in time the latter's "Patent Agent Working Permit" and report such discharge to CAP.

Article 12   When patent agencies change their names, addresses  and  responsible persons, they shall report to CAP of such changes, which become effective only after approval by the latter.
 When  a  patent  agency  goes  out  of  business,  it  shall,  after appropriately handling a unsettled affairs, report to  the  authorities that endorsed its opening and the latter shall be  responsible  for  going through all necessary procedures as CAP.

Article 13   If an approved patent agency no longer meets the conditions stated in Article 4 of these Regulations hereof due to a change of circumstances and will not be able to meet such conditions within 1 year,  the  authorities that endorsed its opening should propose to CAP that it be canceled  as  a patent agency.

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