（Translation for Reference Only）

Regulations on Patent Agency

(Promulgated by Decree No.76 of the State Council of the People's Republic of China on March 4, 1991, revised and adopted at the 23rd Executive Meeting of the State Council on September 6, 2018)

Chapter I General Provisions

Article 1 These Regulations are formulated, in accordance with the Patent Law of the People's Republic of China, to regulate patent agency behaviors, protect the lawful rights and interests of principals, patent agencies and patent agents, ensure the normal order of patent agency activities, and promote the healthy development of the patent agency industry.

Article 2 For the purpose of these Regulations, the term "patent agency" shall mean the handling by a patent agency, after accepting authorization and within the scope of its delegated authority, of patent application, announcement of invalidation of patent rights, or other patent-related matters in the name of a principal.

Article 3 Any entity or individual may apply for a patent or handle other patent-related matters domestically by it or himself. It or he may also entrust a patent agency legally incorporated to handle such matters, unless otherwise provided for by law.

A patent agency shall handle patent-related matters as authorized by the principal.

Article 4 In business practices, patent agencies and patent agents shall abide by the laws and administrative regulations, comply with professional ethics and disciplines, and protect the lawful rights and interests of principals.

The practicing of businesses in accordance with the law by patent agencies and patent agents shall be protected by law.

Article 5 The patent administration department under the State Council is responsible for the administration of patent agency work throughout the country.

The administrative authorities for patent affairs under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are responsible for the administration of patent agency work within their respective administrative areas.

Article 6 Patent agencies and patent agents may establish and join patent agency industry associations in accordance with the law.

Patent agency industry associations shall formulate self-disciplinary norms patent agency industry. The self-disciplinary norms patent agency industry shall not contravene laws and administrative regulations.

The patent administration department under the State Council is responsible for supervising and guiding patent agency industry associations in accordance with the law.

Chapter II Patent Agencies and Patent Agents

Article 7 The form of organization of patent agencies shall be partnership enterprises, limited liability companies, etc.

Article 8 To engage in patent agency businesses, patent agencies in the form of partnership enterprises or limited liability companies shall meet the following requirements:

(1) having a name in conformity with laws and administrative regulations;

(2) having a written partnership agreement or articles of association;

(3) having independent business premises; and

(4) partners and shareholders being in conformity with relevant regulations of the State.

Article 9 To engage in patent agency businesses, an application shall, together with the relevant materials, be submitted to the patent administration department under the State Council to obtain the License for Practicing as a Patent Agency. The patent administration department under the State Council shall make a decision whether to issue the License for Practicing as a Patent Agency or not within 20 days from the date of accepting the application.

Where any change is made to the partners, shareholders or legal representative of a patent agency, the formalities of modification shall be gone through.

Article 10 Chinese citizens who have majored in science or engineering in institutes of higher learning and obtained an associate degree or above therein may take part in the National Qualification Test for Patent Agents, and a Patent Agent Qualification Credential shall be issued to those who have passed the test by the patent administration department under the State Council. The Rules of the National Qualification Test for Patent Agents shall be formulated by the patent administration department under the State Council.

Article 11 Anyone who intends to practice businesses as a patent agent shall obtain the Patent Agent Qualification Credential, serve as an intern for up to one year in a patent agency, and get employed by a patent agency.

Article 12 If a patent agent practices businesses for the first time, he shall, within 30 days from the date of practicing of businesses, report for the record to the administrative authority for patent affairs under the people's government of a province, autonomous region, or municipality directly under the Central Government where the patent agency is located.

The administrative authorities for patent affairs under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall provide convenience for patent agents to report for record through internet access.

Chapter III Patent Agency Practices

Article 13 Patent agencies may be entrusted with the handling of patent-related matters, such as patent application, announcement of invalidation of patent rights, assignment of patent application rights or patent rights, and conclusion of license contracts for exploitation of patents. They may also provide patent-related consulting services at the request of the parties concerned.

Article 14 If a patent agency accepts entrustment, it shall sign a written entrustment contract with the principal. After accepting entrustment, the patent agency shall not accept entrustment with regard to the same patent application or patent rights matters from any other parties concerned with conflict of interests therein.

A patent agency shall assign a patent agent who practices businesses in this agency to handle patent agency businesses, and the assigned patent agent as well as his close relatives shall not have any conflict of interests with the patent agency businesses handled thereby.

Article 15 Where a patent agency is dissolved or has its license for practicing canceled or revoked, it shall handle all unfinished patent agency businesses appropriately.

Article 16 A patent agent shall handle patent agency businesses as assigned by his patent agency, and may not accept entrustment on his own.

A patent agent may not handle patent agency businesses in two or more patent agencies simultaneously.

A patent agent shall hold accountability for all the patent agency businesses that he signed to handle.

Article 17 All patent agencies and patent agents shall have the obligation to keep confidential the contents of any invention-creation which they learn in the course of their practicing of businesses, except for those patent applications that have been published or announced.

Article 18 No patent agency or patent agent shall be allowed to file an application for patent or request announcement of invalidation of patent rights in their own names.