Laws of the People's Republic of China
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PROVISIONAL PROVISIONS ON PATENT AGENCIES
(Ratified on September 4, 1985 by the State Council & promulgated
on September 12, 1985 by the Patent Administration of China)
SUBJECT: PATENT; INTELLECTUAL PROPERTY
ISSUING-DEPT: PATENT BUREAU OF CHINA
LENGTH: 1018 words
[Article 1] These Provisions are hereby formulated in order to implement stipulations pertaining to patent agency contained in the Patent Law of the People's Republic of China.
[Article 2] Patent agency organs shall, in accordance with stipulations under Article 19 and Article 20 of the Patent Law of the People's Republic of China, handle applications for patent and other patent matters on behalf of patent applications or other persons concerned.
[Article 3] Patent agency organs referred to in these provisions are as follows:
(1) Patent agency organs appointed by the State Council;
(2) Patent agency organs established with the approval by competent organs under the State Council, patent administrative organs under the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, cities open to foreign businessmen and special economic zones;
(3) Law firms approved to handle patent agency matters by the patent administrative organs of the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, cities open to foreign businessmen and special economic zones.
The patent administrative organs shall report the patent agency organs mentioned under item 2 and item 3 of this Article to the Patent Administration of China for the record.üü
[Article 4] To undertake business on commission patent agency organs must have a letter of entrustment from entrusting parties, which shall explicitly set out the terms of reference and is properly sealed or signed by entrusting party.
Patent agency organs shall charge their fees pursuant to relevant provisions for their service.
[Article 5] Patent agency organs assign their members to undertake the following matters:
(1) Provide consulting service for patent affairs;(2) Write documents and handle other matters concerning patent application;(3) Request substantive examination and re-examination;(4) Raise objections and request anouncement of invalidity of patent rights;(5) Matters regarding the transfer of patent rights and permission of patents;(6) Other matters concerning patents.Patent agents can act as patent consultants upon invitation.
[Article 6] Chinese citizens who have the right to vote and to stand for election in accordance with the law and have the following qualifications can apply to the Patent Administration of China for registration of patent agents;
(1) Those who have graduated from institutions of higher learning with science and engineering major (or with equivalent educational level), master one foreign language, and have three years of experience in science and technology work of five experience in science and technology work or five years of experience in other work related to science and technology;(2) Those who have received education in patent law or other related professional training and have a mastery of basic legal knowledge pertaining to patent agency.
Those who are engaged in the work of patent agency concerning foreign nationals shall, in addition to the qualifications aforementioned, be familiar with laws and treaties governing the protection of industrial property rights of not only the countries concerned but also the world as a whole, and shall have a good command of one foreign language.
[Article 7] The committee for the examination and assessment of patent agents comprises the Patent Administration of China, the Ministry of Justice, the China Council for the Promotion of International Trade and other departments and organizations concerned, and is responsible for the following matters:
(1) Examine applicants for registration as patent agents;(2) Supervise and direct patent agency work professionally.
[Article 8] When applicants for registration as patent agents pass the examination by the examination and assessment committee, they shall register with the Patent Administration of China, which in turn shall issued certificates of patent agent to the former.üü Upon the issuance of certificates, the above-mentioned applicants obtain the right to act as patent agents.
[Article 9] Patent agents must perform their duties as members of patent agency organs.üü They shall only take assignments by patent agency organs, and shall not undertake entrustments of their own.
[Article 10] When patent agents perform their duties pursuant to the law, they are legally protected by the state and shall not be interfered with by any organization or individual.
[Article 11] Acts of patent agents within the limits of entrustment authority have the same legal effect as those of their entrusters.
[Article 12] Patent agents are obligated to keep secret inventions made known to them in their business activities, except cases where applications for patents have already been published or announced.
[Article 13] The examination and assessment committee has the right to disqualify patent agents under one of the following circumstances:
(1) Plagiarize inventions of the entrusters, divulge on purpose contents of invention of the entrusters or behave in a way seriously jeopardizing the interests of the person requesting entrustment;(2) Those who can hardly perform their duty proficiently.
The examination and assessment committee shall report their decision of disqualification of the patent agent to the Patent Administration of China, which shall nullify the registration of the patent agent and revoke the patent agent's certificate.
[Article 14] A patent agent who plagiarizes the invention of his entruster, as is stated under Item 1 of Article 13 of these Provisions, shall be given a disciplinary sanction by the organization to which the patent agent belongs.üü Cases of gross violation shall be subject to legal procedings.
[Article 15] The right to interpret these Provisions rests with the Patent Administration of China.
[Article 16] These Provisions shall be implemented from the date of promulgation.