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TABLE OF CONTENTS CHAPTER I CONDITIONS FOR ESTABLISHMENT CHAPTER II FORMS OF INITIATION CHAPTER III CONDITIONS OF THE INVESTORS/INITIATORS CHAPTER IV NAMES OF AGENCIES CHAPTER V APPLICATION DOCUMENTS CHAPTER VI PROCEDURES FOR APPROVAL CHAPTER I CONDITIONS FOR ESTABLISHMENT Whoever applies to establish a patent agency shall meet the following conditions: (1) to have the name and the articles of association (partnership agreement) of the agency; (2) to have a stipulated number of patent agents; (3) to have necessary funds, which shall be no less than RMB 30,000 if a partnership patent agency is to be established, or which shall be no less than RMB 100,000 if a limited liability patent agency is to be established; (4) to have fixed offices and necessary working facilities; and (5) the responsible person of the agency shall have the patent agent qualification. Where a law firm applies to open the business of patent commissioning, there shall be at least 3 full-time lawyers in this law firm, each of whom has the patent agent qualification. CHAPTER II FORMS OF INITIATION A partnership patent agency under application for establishment shall be jointly invested and initiated by at least 2 persons with patent agent qualification, who shall bear unlimited joint liability for the debts of the patent agency. A limited liability patent agency under application for establishment shall be jointly invested and initiated by at least 5 persons with patent agent qualification, who shall bear the liability for the debts of the patent agency with all its assets. CHAPTER III CONDITIONS OF THE INVESTORS/INITIATORS (1) to have the patent agent qualification; (2) to engage in the full-time business of patent commissioning; (3) to have good professional ethics; (4) to be under the age of 70; and (5) a person under any circumstance in Article 25 of the Patent Commissioning Regulation shall not be the investor/initiator of a patent agency. CHAPTER IV NAMES OF AGENCIES A patent agency shall only have and use one name, which shall not be, throughout the country, identical with or similar to another patent agency¡¯s name that is being or has been used. The name of a partnership patent agency shall be composed of the name of the city, the trade name and ¡°Patent Firm¡±; the name of a limited liability patent agency shall be composed of the name of the city, the trade name and ¡°Patent Commissioning Co., Ltd.¡±. Where a law firm opens the business of patent commissioning, it may use the name of this law firm. CHAPTER V APPLICATION DOCUMENTS Whoever applies to establish a patent agency shall submit the following application documents: (1) application form for the establishment of the patent agency; (2) articles of association (partnership agreement) of the patent agency; (3) asset evaluation (contribution) certificate; (4) duplicates of the patent agent qualification certificates and duplicates of the ID cards; (5) resumes and attestations on the personnel file; (6) attestation on offices and working facilities; and (7) other attestation documents. A law firm that applies to open the business of patent commissioning shall submit the following application documents: (1) the application form for opening the business of patent commissioning; (2) a letter issued by the competent organ of justice on approving the applicant to open the business of patent commissioning; (3) the articles of association of the law firm (partnership agreement); (4) duplicate of the practice permit of the law firm and attestation of funds; (5) duplicates of lawyer licenses of the patent agents, duplicates of the patent agent qualification certificates and duplicates of the ID cards; (6) attestation on offices and working facilities; and (7) other attestation documents. CHAPTER VI PROCEDURES FOR APPROVAL The procedures for approving the establishment of a patent agency are as follows: (1) Whoever applies to establish a patent agency shall apply to the intellectual property office of the province, autonomous region or municipality directly under the Central Government at his locality. The intellectual property office of the province, autonomous region or municipality directly under the Central Government shall, after examination, submit the application to the State Intellectual Property Office for approval within 30 days as of the receipt of the application if the application has met the conditions provided for in these Measures; or shall notify the applicant in written form within 30 days as of the receipt of the application if the application fails to meet the conditions provided for in these Measures; (2) The State Intellectual Property Office shall, within 30 days as of the receipt of the submitted documents, make a decision on pre-approving the application which meets the conditions provided for in these Measures, and notify the intellectual property office of the province, autonomous region or municipality directly under the Central Government who submitted the application; or shall, within 30 days as of the receipt of the submitted documents, notify the intellectual property office of the province, autonomous region or municipality directly under the Central Government to re-examine the application which does not meet the conditions provided for in these Measures. After a patent agency having obtained the approval has completed the relevant formalities (such as industrial and commercial registration, etc.), the State Intellectual Property Office shall grant the registration certificate of patent agency and the agency code; and (3) A patent agency approved to be established shall, within 30 days from the day on which the registration certificate of patent agency is granted, apply to All China Patent Agents Association for obtaining the patent agent practice certificate. A law firm that applies to open the business of patent commissioning shall be approved with reference to the provisions in the preceding paragraph of this Article. |
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