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Administrative Measures for Patent Agency (2019)


Type of laws Departmental rule

Issuing body State Administration for Market Regulation

Promulgating date Apr 04, 2019

Effective date May 01, 2019

Validity status Valid

Scope of application Nationwide

Topic(s) Intellectual Property Patent Law

Editor(s) C. J. Observer

The Administrative Measures for Patent Agency (the Measures) shall come into force on1 May 2019.

There are 58 articles in total, which aims at supervising patent agency and protecting the legitimate rights and interests of principals, patent agencies and patent agents. The Measures are specific rules promulgated by the State Administration of Market Regulation, which is subordinate to the State Council, on the basis of the Patent Law promulgated by the legislature (the National People’s Congress) and the Regulation on Patent Agency promulgated by the central government (the State Council). The State Intellectual Property Office, which supervises patent matters, is subordinate to the State Administration of Market Regulation.

The key points are as follows:

1.The organization form of patent agency shall be partnership, limited liability company, etc., and its partners or shareholders shall be Chinese citizens.

2.Patent agencies and patent agents may establish and participate in national or local patent agency industry organizations.

3.A law firm may apply for a license for a patent agency

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