国务院令第76号
（Promulgated on March 4， 1991）

颁布日期：19910304 　实施日期：19910401 　颁布单位：国务院

Chapter 1 General Principles

Article 1 With a view to guaranteeing the legitimate rights of patent agencies and consignors and ensuring the normal working of patent commissioning services， these Regulations her eof are formulated.

Article 2 Patent commissioning stated here denotes patent application or the handling of other patent- related affairs by patent agencies on behalf of their consignors and within their authorized powers.

Chapter 2 Patent Agencies

Article 3 Patent agencies stated here denote service organs that apply for patents or handle other patent- related affairs on behalf of their consignors and within their authorized powers.

Patent agencies include：

（1） those that handle foreign patent-related affairs；

（2） those that handle domestic patent-related affairs； and

（3） law firms that handle domestic patent-related affairs.

Article 4 Establishment of a patent agency shall require the following conditions：

（1） having a name， articles of association and fixed work place of its own；

（2） having necessary capital and work installations；

（3） being financially independent and able to meet civil liabilities independently； and

（4） employing three or more special staff members qualified as patent agents and a proportionate number of likewise qualified spare-time working staff as stipulated by the China Administration of Patents （CAP）。

Law firms engaged in patent commissioning must have special staff for the business stated in item （4） of the previous paragraph.

Article 5 To apply for the establishment of a patent agency at a patent administration， the following documents must be presented：

（1） a letter of application with the name， office space and responsible person's name stated；

（2） the articles of association of the patent agency；

（3） the names of patent agents and their certificates of qualification； and

（4） written proof of the amount of capital and installations of the patent of the agency.

Article 6 Patent agencies applying for the handling of domestic patent-related affairs or law firms applying for the same must have the consent of their governing authorities and their applications must be examined by patent administrations of provinces， autonomous regions or municipalities directly under the Central Government； in the absence of governing authorities， they may be directly examined by the later. Upon agreement， the examining authorities shall report the applications to CAP for approval.

Patent agencies applying to handle foreign-related patent affairs must go through procedures as stipulated in the Patent Law of the People's Republic of China. Such agencies， upon approval by CAP， can handle domestic patent affairs.

Article 7 Patent agencies， as of the date of approval， can start handling patent-commissioning business in accordance with law， enjoy civil rights and meet civil liabilities.

Article 8 Patent agencies shall deal with the following businesses：

（1） providing patent-related consulting agencies；

（2） writing on commission patent application documents and handling re-examination and other related affairs；

（3） raising disagreement， asking for the announcement of a patent right cancellation and other related affairs；

（4） handling the right of patent application， the transfer of patent right and patent permission and other related affairs；

（5） appointing patent agents to serve as patent advisors upon invitation； and

（6） other related matters.

Article 9 When patent agencies accept consignments and handle business， they shall have a consignor's letter of commitment clearly stating commissioned items and powers.

If needed， a patent agency may designate a certain patent agent appointed by the consignor to handle the business.

Patent agencies may charge commissions in accordance with relevant regulations of t he State.

Article 10 After accepting a commission， a patent agency shall not accept the commission of rival consignors concerning patents with the same content.

Article 11 Patent agencies shall employ as patent agents persons with“ Patent Agent Qualification Certificate”。 The latter shall go through necessary procedures， be given “Patent Agent Work Permit” by the former， and register at CAP.

Beginners shall not be issued “Patent Agent Work Permit” until after a full year of apprenticeship.

When patent agencies discharge their patent agents， they shall recover in time the latter's “Patent Agent Working Permit” and report such discharge to CAP.

Article 12 When patent agencies change their names， addresses and responsible persons， they shall report to CAP of such changes， which become effective only after approval by the latter.

When a patent agency goes out of business， it shall， after appropriately handling all unsettled affairs， report to the authorities that endorsed its opening and the latter shall be responsible for going through all necessary procedures as CAP.

Article 13 If an approved patent agency no longer meets the conditions stated in Article 4 of these Regulations hereof due to a change of circumstances and will not be able to meet such conditions within 1 year， the authorities that endorsed its opening should propose to CAP that it be canceled as a patent agency.