Intellectual Property Administrations of all provinces, autonomous regions, municipalities directly under the Central Government, cities separately listed in the State plan, cities at the deputy provincial level, Xinjiang Production and Construction Corps, Intellectual Property Service and Promotion Center of Sichuan Province, and local relevant centers:

 

To regulate the establishment of the resident representative offices of foreign patent agencies in China and their business activities and safeguard the legitimate rights and interests of offices and their representatives, and to optimize the business environment and promote the high-quality development of the patent agency industry, the Regulation Measures for the Establishment of Resident Representative Offices of Foreign Patent Agencies in China is formulated by the China National Intellectual Property Administration, and it is hereby printed and distributed to you. Please earnestly implement it.

 

Hereby announced.

 

China National Intellectual Property Administration

January 7, 2022

 

Regulation Measures for the Establishment of Resident Representative Offices of Foreign Patent Agencies in China

 

Chapter I General Provisions

 

Article 1 To regulate the establishment of the resident representative offices of foreign patent agencies in China and their business activities and safeguard the legitimate rights and interests of offices and their representatives, and to optimize the business environment and promote the high-quality development of the patent agency industry, this Measures is formulated in accordance with the Regulations on Patent Commissioning and the Regulations on Administration for registration of Resident Representative Office of Foreign Enterprises and other relevant laws and regulations.

 

Article 2 The resident representative office of foreign patent agency (hereinafter referred to as representative office) mentioned in this Measures refers to the office established in China by a foreign patent agency according to law engaging in patent service activities related to the business of the foreign patent agency.

 

Article 3 Representative offices and their representatives shall abide by the laws and regulations of China and professional ethics and self-discipline standards of patent agency, not harming the national security and public interests of China.

 

Article 4 The establishment of a resident representative office within the territory of China by a foreign patent agency shall be approved by the CNIPA.

 

The CNIPA and the intellectual property administrative departments of the provinces, autonomous regions, and municipality people's government shall manage the representative offices and their representatives according to law.

 

Article 5 In accordance with the principles of equal rights, opportunities and rules, state policies and measures supporting the development of intellectual property service industry shall be equally applied to representative offices in accordance with law.

 

Chapter II Conditions and procedures for the permission of the establishment of representative offices

 

Article 6 Where a foreign patent agency intends to apply for the establishment of a resident representative office in China, it shall file an application with the CNIPA and submit relevant materials to obtain the permission for the establishment of a resident representative office in China.

 

Article 7 A foreign patent agency shall meet the following requirements to apply for permission to establish a resident representative office in China:

 

(1) It is founded abroad legally;

 

(2) It has been carrying out virtual patent agency business for more than 5 years and has not been subject to self-disciplinary punishment or administrative penalty for illegal practice;

 

(3) The chief representative of the representative office has full capacity for civil conduct and qualification for patent agency with no less than 3 years of patent agency practice experience. He or she has not been subject to self-disciplinary punishment or administrative penalty for illegal practice and has not been given any criminal penalty for calculated crime;

 

(4) It shall have more than 10 patent agents practicing in its own country.

 

Article 8 The name of the representative office shall be composed of the following parts in order: the nationality of the foreign patent agency, the Chinese name of the foreign patent agency, the name of the resident city, and the words of "representative office".

 

Article 9 A foreign patent agency shall submit the following materials to the CNIAP when applying for the establishment of a representative office:

 

(1) An application for the establishment of a resident representative office signed by the principal of the foreign patent agency;

 

(2) The business license or legal commencing certificate issued by the competent authority of the country or region where the foreign patent agency is located;

 

(3) The power of attorney issued by the foreign patent agency to the proposed Chief representative of the representative office, in which business scope of the representative office shall be specified;

 

(4) The letter of commitment elaborating the relevant information complied with items 2 to 4 of Article 7 of this Measures;

 

(5) List of representatives of representative offices and their brief introduction;

 

(6) Other materials required by the CNIPA.

 

Where the application materials are written in foreign language, a Chinese translation shall be attached, and the Chinese version shall prevail.

 

Article 10 The CNIPA shall decide whether to approve the application within 3 months from the date of accepting the application for permission. Where the establishment of representative office is approved, a written approval decision shall be made; where the one is not approved, reasons for the disapproval shall be explained.

 

The foreign patent agency shall apply for the establishment to the Registration Authority within 90 days from the date of approval according to law.

 

Article 11 The representative office shall, within 2 months from the date of receipt of the approval decision of the CNIPA, submit the following materials to the intellectual property administrative department of the provinces, autonomous regions, and municipality people's government where the representative office is located for the record:

 

(1) A description of the basic information of the representative office, including name, domicile, chief representative, representative, business scope and other information;

 

(2) The identification certificate and other materials of the chief representative and representatives;

 

The intellectual property administrative department of the provinces, autonomous regions, and municipality people's government shall provide convenience for representative offices to file information through the Internet.

 

Article 12 Where a representative office changes its name, office address or other matters, it shall apply to the CNIPA for the alteration formalities.

 

Where the archival filing information of a representative office is changed, it shall apply to the local intellectual property administrative department of the provinces, autonomous regions, and municipality people's government for the alteration formalities.

 

Chapter III Administration of representative offices

 

Article 13 The National Intellectual Property Administration and the intellectual property administrative departments of the provinces, autonomous regions, and municipality people's government shall administer representative offices and the acts of their representatives in accordance with the Administrative License Law of the People’s Republic of China and the Regulations on Patent Commissioning and other laws and regulations.

 

Article 14 Representative offices may engage in the following business activities in accordance with the law:

 

(1) Provide client with the consultation on patent affairs in the country or region where the foreign patent agency has been approved to engage in patent agency business;

 

(2) Accept the entrustment of the client or of the Chinese patent agency to handle patent affairs in the country or region where the foreign patent agency has been approved to engage in patent agency business;

 

(3) Accept the entrustment of the client or of the Chinese patent agency to provide professional consulting services for Chinese enterprises in overseas investment, overseas early warning, overseas right protection and other patent-related matters;

 

(4) Entrust a Chinese patent agency to handle Chinese patent affairs on behalf of a foreign party.

 

Representative offices shall carry out business activities according to the law, not engaging in Chinese patent affairs such as patent application agency and invalidation of patent right, as well as Chinese legal affairs.

 

Article 15 The National Intellectual Property Administration and the intellectual property administrative departments of the provinces, autonomous regions, and municipality people's government shall strengthen the public information dissemination of representative offices and their representatives, providing inquiry services for the public to help them learn about the basic information of representative offices and their representatives.

 

Article 16 The National Intellectual Property Administration and the intellectual property administrative departments of the provinces, autonomous regions, and municipality people's government may have a talk with representatives and their staff to caution them and put forward opinions to urge them to make rectifications in time if the representatives and staff have any of the following behaviors violating laws and regulations. Administrative departments can also investigate and handle those representatives in accordance with the law and transfer them to the relevant departments for handling when necessary.

 

(1) A foreign institution or individual establishes a representative office within the territory of China without authorization, or it illegally engages in patent service activities;

 

(2) A foreign institution or individual, in the name of a consulting firm or any other entity, engages in Chinese patent affairs within the territory of China such as patent application agency and invalidation of patent right;

 

(3) A representative office employs Chinese patent agents who have gone through the practice record;

 

(4) A representative act as the deputy in full time or part time in two or more representative offices simultaneously;

 

(5) Engage in other illegal activities.

 

Article 17 Where any foreign patent agency applies for permission to establish a permanent representative office in China by concealing the true situation or employing trickery, the CNIPA shall not accept the application or grant it according to law; where the one getting approval, the CNIPA shall revoke its permission to establish a representative office.

 

Where the resident representative office no longer meets the requirements prescribed in this Measures due to changes in the circumstances after obtaining the permit, the CNIPA shall order the resident representative office to make rectification within a prescribed time limit.

 

Chapter IV Supplementary Provisions

 

Article 18 The China National Intellectual Property Administration shall be responsible for the interpretation of this Measures.

 

Article 19 This Measures shall take effect as of the date of promulgation.