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

State Intellectual Property Office.

　　In case of cross province establishment of office， the patent agency concerned shall after obtaining consent of the intellectual property office of provinces， autonomous regions or municipalities directly under the Central Government at his locality apply to the intellectual property office of provinces， autonomous regions or municipalities directly under the Central Government at his office locality. If approved， it shall be filed by the intellectual property office of provinces， autonomous regions or municipalities directly under the Central Government at his office locality to the State Intellectual Property Office.

　　Article 13 A patent agency applying to establish an office shall be compliance with following conditions：

　　（1） the time of establishment more than two years；

　　（2） having over 10 patent agents；

　　（3） having gone through the annul examination of the previous year.

　　Article 14 A patent agency shall be compliance with following conditions：

　　（1） having over 2 full-time patent agents assigned or engaged by the patent agency；

　　（2） having fixed offices and necessary funds；

　　（3） The name of the office shall be composed of the full name of the patent agency， the name of the city at the office locality and “Office”。

　　Article 15 The intellectual property office of provinces， autonomous regions or municipalities directly under the Central Government can additionally stipulate other conditions and procedures for patent agencies establishing offices in their administrative areas and submit the relevant provisions to the State Intellectual Property Office.

　　Article 16 The offices of the patent agencies shall be not handle with the patent agency services with the their solitary name， and their personal matters， finance and service shall be unified managed by their patent agency. The patent agencies shall bear the civil liability to the service activities of their offices.

　　In case of cross province establishment of offices， their offices shall accept the instruction and supervision of the intellectual property offices of p

rovinces， autonomous regions or municipalities directly under the Central Government at their locality.

　　Article 17 In case of winding up or revocation， the office 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 their locality. If approved， it shall be filed by this intellectual property office to the State Intellectual Property Office， and shall submit with a copy to the intellectual property offices of provinces， autonomous regions or municipalities directly under the Central Government at their locality.

　　In case of winding up or revocation， the office shall terminate at the same time.

　　Chapter III The Professional Practice of the Patent Agents

　　Article 18 The professional practice of the patent agents shall accept the engagement and appointment of the approval established patent agency to establish and have professional practice certificates.

　　Article 19 When engaging patent agents， the patent agency shall reach an engagement agreement with the patent agents in the principle of free will and mutual consent through consultation， and both parties to the engagement agreement shall abide by the engagement agreement.

　　Article 20 The issuance for the professional practice certificates of patent agents shall be compliance with following conditions：

　　（1） having the patent agent qualification；

　　（2） being able to full-time engage the patent agency services；

　　（3） the person who have no experiences of the patent agency or patent inspection continually practiced over a year and participated in training before formal work；

　　（4） engaged by the patent agencies；

　　（5） being under the age of 70 when issuing the certificate；

　　（6） having good behavior.

　　Article 21 A person who has one of following circumstance shall not be issued the professional practice certificate of the patent agent：

　　（1） having no complete capacity of civil disposition

　　（2） prior to application working for other patent agency， not formally be dismissed by the patent agency and not go through revocation formalities on the professional practice certificate of the patent agent；

　　（3） less than 1 year after collecting the professional practice certificate of the patent agent， transforming to other patent agency

　　（4） less than 3 years reprimanded by the certificate reclamation of patent agent stipulated by Article 5 of Rules on Disciplinary of Patent Agencies；

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

　　Article 22 Whoever applies for issuing a patent agency shall submit the following materials：

　　（1） application form for the professional practice certificates of the patent agents；

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

　　（3） certification on the personnel file or duplicates of the retirement certification

　　（4） employment agreement issued by the patent agencies；

　　（5） prior to application working for other patent agency， shall submit dismissal certification of the patent agency

　　（6） in case of applying for issuing the professional practice certificates of the patent agents for the first time， shall submit the practice certification and certification for participating in training before formal work issued by the probation patent agency.

　　Article 23 The State Intellectual Property Office authorize All China Association of Patent Agents to take charge of the specific matters relating to issuance， modification and revocation of the professional practice certificates of the patent agents.

　　Article 24 Upon reviewing， All China Association of Patent Agents hold that the issuance and application of the professional practice

certificates of the patent agents are compliance with the conditions stipulated by the measures， they shall issue the professional practice certificates of the patent agents within 15 days upon receipt of the application； otherwise， All China Association of Patent Agent shall notify the applicant with written form within 15 days upon receipt of the application.

　　Article 25 If the patent agencies want to dismiss the patent agents， they shall notify the patent agents30 days in advance； If the patent agents want to dismiss， they shall notify the relevant patent agencies 30 days in advance.

　　If the patent agencies want to discharge the employment relationship with the patent agents， they shall withdraw the professional practice certificates of the patent agents and issue dismissal certification， and handle with revocation formalities of the professional practice certificates of the patent agents within 10 days upon issuing the dismissal certification to All China Association of Patent Agents.

　　Article 26 In case of close-up or revocation， the patent agencies shall withdraw all the professional practice certificates of their patent agents and handle with revocation formalities of the professional practice certificates of the patent agents within 10 days upon obtaining the review and approval of the intellectual property offices of the provinces， autonomous regions and municipalities directly under the Central Government.

　　Article 27 All China Association of Patent Agents shall keep filing with The State Intellectual Property Office and submit the relevant materials within 5 days upon issuing， modifying or repealing the professional practice certificates of the patent agents， and send with a copy to the intellectual property offices of the provinces， autonomous regions and municipalities directly under the Central Government at the locality of the patent agencies.

　　Article 28 The person who holds no the professional practice certificate of the patent agent shall not engage the patent agency services for seeking for economic benefits in the name of the patent agent.

　　Article 29 In case of undertaking the patent services， the patent agents shall accept the authorization in the name of the relevant patent agencies， sign the written authorization contract with the authorizer， uniformly charge expenses and take into account according to the facts. The patent agents shall not accept the authorization without permission， handle with the patent agency services and charge expenses.

　　Chapter IV The Annul Examination of the Patent Agencies and the Patent Agents

　　Article 30 The State Intellectual Property Office is responsible for the organization and instruction on the annul examination of the patent agencies and the patent agents and authorizes the intellectual property offices of the provinces， autonomous regions， municipalities directly under the Central Government and the National Defense Patent Agency to implement the annul examination.

　　All the lawyer firms upon approval to establish the patent agencies and run the patent agency services shall participate in the annul examination. The offices of the patent agencies shall participate in the annul examination together with the patent agencies and submit the relevant materials with a copy to the intellectual property offices of the provinces， autonomous regions and municipalities directly under the Central Government at the locality of the offices.

　　All China Association of the Patent Agents shall coordinate and participate in the annul examination

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