专利代理管理办法 Order of the Director of the State Intellectual Property Office

国家知识产权局局长令第30号

颁布日期：20030606 　实施日期：20030715 　颁布单位：国家知识产权局

　　No.30

　　In order to regulate management and supervision of the patent agency industry， the Measures for Management of Patent Agencies are formulated and hereby promulgated. The Measures shall come into force on July 15， 2003.

　　The Measures on Approving the Establishment of Patent Agencies （for Interim Implementation） promulgated by No.23 Order of the State Intellectual Property Office will be abolished at the same time.

　　Director of the State Intellectual Property Office： Wang Jingchuan

　　June 6， 2003

　　Measures for Management of Patent Agencies

　　Chapter I General Provisions

　　Article 1 In order to perfect the system of patent agencies， maintain the normal order of patent agency industry and guarantee the practice of by the patent agencies and patent agents by force of law， the Measures are formulated according to the Patent Law， the Regulations on Patent Agencies and the relevant provisions of the State Council.

　　Article 2 The State Intellectual Property Office and the intellectual property offices of the provinces， autonomous regions and municipalities directly under the Central Government shall manage and supervise patent agencies and patent agents according to the Patent Law， the Regulations on Patent Agencies and the Measures.

　　All China Association of Patent Agents shall organize and guide patent agencies and patent agents to perform the Patent Law， the Regulations on Patent Agencies and the Measures by example， regulate professional conducts， strictly adopt professional self regulation， and increasingly improve professional service level.

　　Chapter II Establishment， Modification， Close-up and Revocation of Patent Agencies and their office

　　Article 3 the organization form of patent agencies shall be a partnership patent agency or a limited liability patent agency. A partnership patent agency shall be jointly invested and initiated by at least 2 persons， and a limited liability patent agency shall be jointly invested and initiated by at least 5 persons.

　　Partners of the partnership patent agency shall bear unlimited joint liability for the debts of the patent agency； partners of the limited liability patent agency shall bear the liability for the debts of the patent agency with all its assets.

　　Article 4 The establishment of a patent agency shall meet the following conditions：

　　（1） having the agency name in compliance with Article 7 of the measures；

　　（2） having a partnership agreement or Articles of association；

　　（3） having partners or shareholders stipulated by Articles 5 and 6 of the measures；

　　（4） having necessary funds， which shall be no less than RMB50，000 if a partnership patent agency is to be established， or which shall be no less than RMB100，000 if a limited liability patent agency is to be established；

　　（5） to have fixed offices and necessary working facilities；

　　Where a law firm applies to run the patent agency services， there shall be at least 3 full-time lawyers in this law firm， each of whom has the patent agent qualification.

　　Article 5 Partners or shareholders of a patent agency shall meet the following conditions：

　　（1） having the patent agent qualification；

　　（2） having over 2 years experiences on the practice of patent agencies

　　（3） engaging in the full-time the patent agency services；

　　（4） being under the age of 65 when applying for establishing a patent agency；

　　（5） having good behavior.

　　Article 6 a person who has one of following circumstance shall not be the partner or shareholder of a patent agency：

　　（1） having no complete capacity of civil disposition

　　（2） working in state organs or enterprises and institutions and not formally go through forma

lities of resignation， dismissal or retirement；

　　（3） less than 2 years as a partner or shareholder of the other patent agency

　　（4） less than 3 years circulated a notice of criticism stipulated by Article 5 of Rules on Disciplinary of Patent Agencies or reprimanded by certificate reclamation of the patent agent.

　　（5） punished by criminal penalty （except for committing crimes by negligence）

　　Article 7 A patent agency shall only have and use one name.

　　The name of a patent agency shall be composed of the name of the city， font size and “Patent Agency Firm”， “Patent agency Co.， Ltd.” and “Intellectual property Agency Firm”， “Intellectual property Agency Co.， Ltd.”。 Its font size shall not be， throughout the country， identical with or similar to another patent agency's font size that is being or has been used.

　　Where a law firm runs the patent agency services， it may use the name of this law firm.

　　Article 8 Whoever applies to establish a patent agency shall submit the following application materials：

　　（1） application form for the establishment of the patent agency；

　　（2） partnership agreement or articles of association of the patent agency；

　　（3） asset evaluation certificate；

　　（4） duplicates of the patent agent qualification certificates and ID cards；

　　（5） resumes and certification on the personnel file and duplicates of the retirement certification；

　　（6） certification of offices and working facilities；

　　（7） other evidentiary material.

　　A law firm that applies to run the patent agency services shall submit the following application materials：

　　（1） the application form for running the patent agency services；

　　（2） a letter issued by the competent administrative organ of justice on approving the applicant to run the patent agency services；

　　（3） partnership agreement or the articles of association of the law firm；

　　（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） certification of offices and working facilities；

　　（7） other evidentiary materials.

　　The above-mentioned evidentiary materials shall be those issued within 6 months before applying for establishment of a patent agency or undertaking of patent agency practice revocation.

　　Article 9 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 upon receipt of the application if the application has met the conditions provided for in the Measures； or shall notify the applicant in written form within 30 days upon receipt of the application if the application fails to meet the conditions provided for in the Measures.

　　（2） The State Intellectual Property Office shall， within 30 days upon receipt of the submitted documents， make a decision on approving the application which meets the conditions provided for in the Measures， notify the intellectual property office of the province， autonomous region or municipality directly under the Central Government who submitted the application and issue the registration certificate of patent agency and the agency code； 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 the Measures.

　　A law firm that applies to run the patent agency services shall be approved with reference to the above-mentioned provisions

　　Article 10 In case of modifying registration matters on name， address， articles of association， and partner or shareholder， the patent agency concerned shall apply to the State Intellectual Property Office and submit the application to the intellectual property office of the province， autonomous region or municipality directly under the Central Government at his locality. The modification shall come into force upon approval of the State Intellectual Property Office.

　　Article 11 In case of winding up or revocation， the patent agency concerned shall after properly handling with various matters not settled apply to the intellectual property office of provinces， autonomous regions or municipalities directly under the Central Government at his locality. If agreed upon review， registration certificate of patent agency and the mark brand shall be submitted to the intellectual property office of the province， autonomous region or municipality directly under the Central Government at his locality. The State Intellectual Property Office shall handle with the formalities of winding-up or revocation.

　　Article 12 In case of establishing office in the province， the patent agency concerned shall apply to the intellectual property office of provinces， autonomous regions or municipalities directly under the Central Government at his locality. If approved， it shall be filed by the intellectual property office of provinces， autonomous regions or municipalities directly under the Central Government to the

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