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Patent Agency Management Measures

The Patent Agency Management Measures are intended to improve the patent agency system, maintain the normal order of the patent agency industry, and ensure that patent agencies and patent agents practice law.

In order to fully perform the government's market supervision functions, transform supervision methods, strengthen credit supervision, and promote coordinated supervision, in accordance with the requirements of the reform plan and public disclosure regulations, the new measures will include Chapter 4 "Patent agencies and patent agents" "Annual Inspection of Patent Agencies" was modified to "Patent Agency Supervision", deleting the provisions on annual inspections of patent agencies, and adding new regulations on establishing a disclosure system for annual reports of patent agencies, publishing a list of patent agencies with abnormal operations and a list of patent agencies with serious violations, and strengthening matters. Provisions on interim and ex post supervision.

The State Intellectual Property Office and the intellectual property offices of all provinces, autonomous regions and municipalities directly under the Central Government shall manage and supervise patent agencies and patent agents in accordance with the Patent Law, the Patent Agency Regulations and these Measures. The All-China Patent Agents Association should organize and guide patent agencies and patent agents to standardize the implementation of the patent law, the Patent Agency Regulations and these Measures, standardize professional practices, strictly enforce industry self-discipline, and continuously improve industry service levels. The organizational form of patent agencies is a partnership. A patent agency or a limited liability patent agency.

1. Apply for a patent agency:

(1) Have its own name, charter, and fixed office space;

(2) Have the necessary funds and Work facilities;

(3) Financial independence and the ability to independently assume civil responsibilities;

(4) There are more than three full-time personnel with patent agent qualifications and those who comply with the regulations of the China Patent Office A proportion of part-time staff with patent attorney qualifications. Article 19 of the Trademark Law of the People's Republic of China shall abide by the principle of good faith, abide by laws and administrative regulations, and handle trademark registration applications or other trademark matters as entrusted by the agent; The principal's business secrets that are known to him shall be subject to the obligation to keep them confidential. If the trademark applied for registration by the client may be prohibited from registration under this Law, the trademark agency shall clearly inform the client. If a trademark agency knows or should know that the trademark applied for registration by the client falls under the circumstances specified in Articles 4, 15 and 32 of this Law, it shall not accept its entrustment. In addition to applying for trademark registration for its agency services, a trademark agency may not apply for registration of other trademarks.

2. The name of the patent agency shall consist of the name of the city where the agency is located, its trade name, "Patent Agency Firm", "Patent Agency Co., Ltd." or "Intellectual Property Agency Firm" or "Intellectual Property Agency". Ltd." Its font size shall not be the same or similar to the font sizes of patent agencies currently in use or that have been used nationwide.

Legal basis:

"Patent Agency Management Measures"

Article 16 The intellectual property offices of each province, autonomous region, and municipality directly under the Central Government may additionally stipulate that patent agencies shall Other conditions and procedures for establishing offices within the administrative region, and relevant regulations shall be reported to the State Intellectual Property Office for filing.

Article 1 In order to regulate the behavior of patent agencies, protect the legitimate rights and interests of clients, patent agencies and patent agents, maintain the normal order of the patent agency industry, and promote the healthy development of the patent agency industry, according to the "People's Republic of China These Measures are formulated in accordance with the provisions of the Patent Law of the People's Republic of China, the Patent Agency Regulations and other relevant laws and administrative regulations.

Article 2_The State Intellectual Property Office and the patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall manage and supervise patent agencies and patent agents in accordance with the law.

Article 3 The State Intellectual Property Office and the patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall inspect and supervise the patent agency practice activities in accordance with the principles of fairness, justice, openness, law and order, transparency and efficiency. .