Regulation of March 4, 1991, on Patent Commission (issued by the Administrative Order No. 76 of the State Councin( �/title>
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<div style="page-break-before:always; page-break-after:always"><div><p><b>Regulations on Patent Commissioning
</b></p>
<p><b>(Promulgated on March 4, 1991)
</b></p>
<p><b>Chapter 1 General Principles
</b></p>
<p><b>Article 1 </b>With a view to guaranteeing the legitimate rights of patent agencies and
consignors and ensuring the normal working of patent commissioning services, these
Regulations hereof are formulated.
</p>
<p><b>Article 2 </b>Patent commissioning stated here denotes patent application or the handling of
other patent- related affairs by patent agencies on behalf of their consignors and within
their authorized powers.
</p>
<p><b>Chapter 2 Patent Agencies
</b></p>
<p><b>Article 3 </b>Patent agencies stated here denote service organs that apply for patents or
handle other patent-related affairs on behalf of their consignors and within their
authorized powers.
</p>
<p>Patent agencies include:
</p>
<p>(1) those that handle foreign patent-related affairs;
</p>
<p>(2) those that handle domestic patent-related affairs; and
</p>
<p>(3) law firms that handle domestic patent-related affairs.
</p>
<p><b>Article 4 </b>Establishment of a patent agency shall require the following conditions:
</p>
<p>(1) having a name, articles of association and fixed work place of its own;
</p>
<p>(2) having necessary capital and work installations;
</p>
<p>(3) being financially independent and able to meet civil liabilities independently; and
</p>
<p>(4) employing three or more special staff members qualified as patent agents and a
proportionate number of likewise qualified spare-time working staff as stipulated by the
China Administration of Patents (CAP).
</p>
<p>Law firms engaged in patent commissioning must have special staff for the business
stated in item (4) of the previous paragraph.
</p>
<p><b>Article 5 </b>To apply for the establishment of a patent agency at a patent administration, the
following documents must be presented:</p>
</div></div>
<div style="page-break-before:always; page-break-after:always"><div><p>(1) a letter of application with the name, office space and responsible person's name
stated;
</p>
<p>(2) the articles of association of the patent agency;
</p>
<p>(3) the names of patent agents and their certificates of qualification; and
</p>
<p>(4) written proof of the amount of capital and installations of the patent of the agency.
</p>
<p><b>Article 6 </b>Patent agencies applying for the handling of domestic patent-related affairs or
law firms applying for the same must have the consent of their governing authorities and
their applications must be examined by patent administrations of provinces, autonomous
regions or municipalities directly under the Central Government; in the absence of
governing authorities, they may be directly examined by the later. Upon agreement, the
examining authorities shall report the applications to CAP for approval.
</p>
<p>Patent agencies applying to handle foreign-related patent affairs must go through
procedures as stipulated in the Patent Law of the People's Republic of China. Such
agencies, upon approval by CAP, can handle domestic patent affairs.
</p>
<p><b>Article 7 </b>Patent agencies, as of the date of approval, can start handling patent-
commissioning business in accordance with law, enjoy civil rights and meet civil
liabilities.
</p>
<p><b>Article 8 </b>Patent agencies shall deal with the following businesses:
</p>
<p>(1) providing patent-related consulting agencies;
</p>
<p>(2) writing on commission patent application documents and handling re-examination
and other related affairs;
</p>
<p>(3) raising disagreement, asking for the announcement of a patent right cancellation and
other related affairs;
</p>
<p>(4) handling the right of patent application, the transfer of patent right and patent
permission and other related affairs;
</p>
<p>(5) appointing patent agents to serve as patent advisors upon invitation; and
</p>
<p>(6) other related matters.
</p>
<p><b>Article 9 </b>When patent agencies accept consignments and handle business, they shall
have a consignor's letter of commitment clearly stating commissioned items and powers.
</p>
<p>If needed, a patent agency may designate a certain patent agent appointed by the</p>
</div></div>
<div style="page-break-before:always; page-break-after:always"><div><p>consignor to handle the business.
</p>
<p>Patent agencies may charge commissions in accordance with relevant regulations of t he
State.
</p>
<p><b>Article 10 </b>After accepting a commission, a patent agency shall not accept the
commission of rival consignors concerning patents with the same content.
</p>
<p><b>Article 11 </b>Patent agencies shall employ as patent agents persons with Patent Agent
Qualification Certificate". The latter shall go through necessary procedures, be given
"Patent Agent Work Permit" by the former, and register at CAP.
</p>
<p>Beginners shall not be issued "Patent Agent Work Permit" until after a full year of
apprenticeship.
</p>
<p>When patent agencies discharge their patent agents, they shall recover in time the latter's
"Patent Agent Working Permit" and report such discharge to CAP.
</p>
<p><b>Article 12 </b>When patent agencies change their names, addresses and responsible persons,
they shall report to CAP of such changes, which become effective only after approval by
the latter.
</p>
<p>When a patent agency goes out of business, it shall, after appropriately handling a
unsettled affairs, report to the authorities that endorsed its opening and the latter shall be
responsible for going through all necessary procedures as CAP.
</p>
<p><b>Article 13 </b>If an approved patent agency no longer meets the conditions stated in Article 4
of these Regulations hereof due to a change of circumstances and will not be able to meet
such conditions within 1 year, the authorities that endorsed its opening should propose to
CAP that it be canceled as a patent agency.
</p>
<p><b>Chapter 3 Patent Agents
</b></p>
<p><b>Article 14 </b>Patent agents that these Regulations hereof stated denote bearers of "Patent
Agent Qualification Certificate" and of "Patent Agent Working Permit".
</p>
<p><b>Article 15 </b>Chinese citizens who support Constitution as the People's Republic of China
and meet the following conditions may apply to be patent agents:
</p>
<p>(1) over the age of 18 with full capacity for civil behaviors;
</p>
<p>(2) graduates of college departments of sciences (or with equivalent education) in
command of one foreign language;
</p>
<p>(3) well-versed in the Patent Law and related legal knowledge; and</p>
</div></div>
<div style="page-break-before:always; page-break-after:always"><div><p>(4) scientists or lawyers with upwards of 2 years of work experience.
</p>
<p><b>Article 16 </b>Persons who apply to be patent agents will obtain CAP "Patent Agent
Qualification Certificate" after a panel of examination judges deems him or her qualified.
</p>
<p>The panel of judges is composed of persons from CAP, State Council department and
organizations of patent agents.
</p>
<p><b>Article 17 </b>Patent agents shall handle only patent commissioning services assigned by
their patent agencies and shall not accept such services on their own.
</p>
<p><b>Article 18 </b>Patent agents shall handle patent commissioning services in two or more
patent agencies simultaneously.
</p>
<p>Before quitting their jobs at patent agencies, patent agents must appropriately conclude
unsettled commissioned cases.
</p>
<p><b>Article 19 </b>In case bearers of "Patent Agent Qualification Certificate" fail to engage in
patent commissioning business or patent-related management for 5 years, their "Patent
Agent Qualification Certificates" are automatically rendered ineffective.
</p>
<p><b>Article 20 </b>Patent agents in the course of doing their professional work or within 1 year of
their quitting their profession must not apply for patents.
</p>
<p><b>Article 21 </b>Patent agents lawfully handling patent commissions shall be protected by
State laws and their work shall not be interfered with by any unit or individual.
</p>
<p><b>Article 22 </b>State organ staff are forbidden to work at patent agencies and engage in patent
commissioning service in their spare-time.
</p>
<p><b>Article 23 </b>Patent agents have the responsibility to keep the inventions they get to know
in the course of their rendering commission services unless relevant patent application
have been made public.
</p>
<p><b>Chapter 4 Punishment
</b></p>
<p><b>Article 24 </b>For one of the following offenses, the governing authorities or patent
administrations of the provinces, autonomous regions or municipalities directly under the
Central Government may serve a warning to the offending patent agency; in cases of
serious offense, CAP may punish it by ordering its close:
</p>
<p>(1) concealing facts in application;
</p>
<p>(2) changing major registration items by itself;</p>
</div></div>
<div style="page-break-before:always; page-break-after:always"><div><p>(3) accepting and handling patent commission services unauthorized or beyond the
approved business scope; and
</p>
<p>(4) other illegal activities.
</p>
<p><b>Article 25 </b>For one of the following offenses on the part of patent agents, relevant patent
agencies may criticize the offenders if the cases are not serious; in cases of serious
offenses, patent agencies may discharge the offenders and revoke their "Patent Agent
Work Permit"; relevant patent administrations of the provinces, autonomous regions or
municipalities directly under the Central Government may serve each offender a warning
or CAP may revoke his or her "Patent Agent Qualification Certificate":
</p>
<p>(1) failing to fulfill his or her duties to the detriment of the interests of the consignors;
</p>
<p>(2) disclosing or stealing inventions of the consignors;
</p>
<p>(3) going beyond the powers of commission and causing damages to the interests of the
consignors; and
</p>
<p>(4) charging through accepting and handling patent commission services without
permission.
</p>
<p>If the commissaries' economic losses has been caused by the behavior as stated in the
previous paragraph, relevant patent agencies, after making economic pensions, may
charge the patent agent in question according to a given proportion.
</p>
<p><b>Article 26 </b>If a patent agency ordered to close down as a punishment by CAP and a patent
agent whose "Patent Agent Qualification Certificate" has been revoked do not agree with
the decisions of punishment, they may appeal to CAP for re-examination; if they still fail
to be satisfied with the CAP decision, they may bring the case to a people's court within
15 days of the receipt of the CAP decision.
</p>
<p><b>Chapter 5 Supplementary Articles
</b></p>
<p><b>Article 27 </b>The right to interpret these Regulations hereof rests with CAP.
</p>
<p><b>Article 28 </b>These Regulations hereof become effective as of April 1, 1991. The
Temporary Regulations on Patent Commissioning endorsed by the State Council on
September 4, 1985 and promulgated by CAP on September 12 of the same year is
simultaneously canceled.
</p>
<p>(Source: State Intellectual Property Office of the P.R.C.)</p>
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