Legal analysis:
Patent agency companies mainly handle patent applications with the Patent Office or other patent offices in the name of the client within the scope of the entrusted authority and in accordance with the provisions of the Patent Law. Civil legal actions. Including the main business of patent agencies and the main business of patent agents. A patent agent refers to a person with patent agent qualifications appointed by the patent applicant (or patentee) to work in a patent agency officially authorized by the Patent Office during the process of applying for a patent, conducting patent licensing transactions, or resolving patent disputes. , as an entrusted agent, within the authority of entrustment, in the name of the client, handle patent applications or other civil legal actions conducted by patent offices with the Patent Office in accordance with the provisions of the Patent Law. Patent agency also includes the patent agent who accepts the entrustment of the requester for invalidation of the patent right. As an entrusted agent, within the entrusted authority and in the name of the client, the reexamination committee handles the invalidation of the patent right with the Patent Commission in accordance with the provisions of the Patent Law. Request related matters.
Legal basis:
"Patent Agency Regulations of the People's Republic of China"
Article 2 The term "patent agency" as mentioned in these regulations refers to patent agency The agency accepts the entrustment and handles patent affairs such as patent applications and invalidation of patent rights in the name of the client within the scope of agency authority.
Article 3 Any unit or individual may apply for patents and handle other patent matters domestically on their own, or may entrust a patent agency established in accordance with the law to handle them, unless otherwise provided by law.
Patent agencies shall handle patent affairs in accordance with the entrustment of the client.
Derived questions:
What are the conditions for establishing a patent agency?
To apply for a practice license for a patent agency in the form of a partnership, it must meet the following conditions: have a patent agency name that complies with laws and administrative regulations; have a written partnership agreement; have an independent business location; have Two or more partners; the partners have a patent agent qualification certificate and have more than two years of experience as a patent agent. A patent agency in the form of a limited liability company that applies for a practice license must meet the following conditions: have a patent agency name that complies with laws and administrative regulations; have written articles of association; have an independent business location; and have more than five shareholders; More than four-fifths of the shareholders and the legal representative of the company have a patent agent qualification certificate and have more than two years of experience as a patent agent.