The Patent Agent Regulations officially came into effect on March 1, 2019.
Announcing the revised Patent Agent Regulations (hereinafter referred to as the "Regulations"), which shall come into effect on March 1, 2019.
The Regulations, which came into effect in 1991, have played a positive role in regulating patent agency activities and promoting the development of the patent industry. With the continuous improvement of China's socialist market economic system, the patent agency industry has undergone significant changes. The revised Regulations improve relevant systems in terms of patent agent practice access, practice standards, and service supervision.
The Regulations improve the patent agent practice access system, stipulating that Chinese citizens with a college or above education in science and engineering from higher education institutions can participate in the national patent agent qualification examination; those who pass the examination will be issued a patent agent qualification certificate by the State Intellectual Property Office; and those who meet the statutory conditions can practice.
The Regulations improve the practice access system for patent agencies, stipulating that the organizational form of patent agencies should be partnerships, limited liability companies, etc.; those engaging in patent agency business should meet the statutory conditions, apply to the State Intellectual Property Office, submit relevant materials, and obtain a patent agency practice license; the State Intellectual Property Office should make a decision on whether to issue a patent agency practice license within 20 days from the date of receipt of the application.
The Regulations improve practice standards and service supervision, stipulating that, except as otherwise provided by law, any unit or individual may apply for patents and handle other patent matters domestically on their own, or may entrust an legally established patent agency to handle them; patent agency fees should follow the principles of voluntariness, fairness, and good faith, taking into account both economic benefits and social benefits; further clarifying the conduct standards and corresponding legal liabilities of patent agencies and patent agents; stipulating that patent agency organizations should strengthen self-discipline management of their members; requiring departments managing patent work to optimize services, improve inspection and supervision methods, and strengthen in-process and post-process supervision. (From the website of the State Intellectual Property Office)
