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Regulation on Patent Agency (2018)

专利代理条例

Type of laws Administrative regulation

Issuing body China's State Council

Promulgating date Nov 06, 2018

Effective date Mar 01, 2019

Validity status Valid

Scope of application Nationwide

Topic(s) Intellectual Property Patent Law

Editor(s) C. J. Observer

The Regulation on Patent Agency was promulgated on 4 Mar. 1991 and amended in 2018. The latest revision entered into force on 1 Mar. 2019.

There are 32 articles in total, which aims to supervising the patent agency, so as to protect the legitimate rights and interests of clients, patent agencies and patent agents.

The key points are as follows:

1.Patent agency refers to the act of patent agency accepting entrustment, handling patent application, declaration of patent invalidity, or any other patent matter in the name of the client within the scope of the authority of agency.

2.Any entity or individual may apply for patent and handle other patent affairs in China on its own, or entrust a patent agency duly established in accordance with law.

3.The patent administrative department of the State Council and the corresponding departments of the local government are the regulatory authorities in this field.

4.Only Chinese citizens can take part in the National Patent Agent Qualification Examination and obtain the Patent Agent Qualification Certificate.

5.A patent agency shall appoint its own patent agents to undertake patent agency business.

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