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New patent agency regulations issued

Updated: Nov 19,2018 6:55 PM

The amended patent agency regulations, which were passed at the State Council executive meeting on Sept 6, were released on Nov 19 according to a State Council decree signed by Premier Li Keqiang.

They will be put into effect on March 1, 2019.

The regulations are aimed at standardizing patent agent behaviors in order to protect the legitimate interests of agencies and agents.

The State Council department in charge of patent administration shoulders management and supervision of patent agency nationwide, the regulations state.

The regulations set certain rules in terms of regulations on agencies and agents. For example, the organization form of patent agencies shall be a partnership or limited liability company, among others.

Chinese citizens with science and engineering majors in degrees higher than junior college are eligible to participate in the national examination for patent agents, the regulations read.

As to agent practice, it was stated agencies and agents are liable for keeping secrets for creations they have knowledge of, except for those patents already published.

Illegal behavior will have consequences. Qualification certifications will be revoked if obtained via dishonest means, and fines up to 100, 000 will be imposed if agencies let out the content of their bailers’ creation, to give some examples.

Foreign patent agencies setting up representative institutions in China shall first be approved by the State Council’s patent administration department, according to the regulations.