Chapter 1 General Provisions

Article 1

To standardize the establishment and business activities of resident representative offices of foreign patent agencies in China, protect lawful rights and interests of the offices and their deputies, optimize the business environment, and promote the high-quality development of the patent agency industry, the Measures is formulated in accordance with the Patent Agency Regulations, Regulation on Registration Administration of Resident Representative Offices of Foreign Enterprises, and other relevant laws and regulations.

Article 2

Resident representative offices of foreign patent agencies in China (the representative offices for short) as used herein refer to offices, set up in China by foreign patent agencies in accordance with the law, that provide relevant patent services to foreign patent agencies.

Article 3

The representative offices and their deputies shall abide by Chinese laws and regulations, observe professional ethics and self-discipline, and shall not impair the national security or public interests of China.

Article 4

The representative offices in China shall be set up after the approval of the China National Intellectual Property Administration.

China National Intellectual Property Administration, Intellectual Property Departments of the people's governments in provinces, autonomous regions, and municipalities directly under the central government shall manage the representative offices and their deputies in accordance with the law.

Article 5

According to the principles of equal rights, equal opportunities, and equal rules, the representative offices shall enjoy equal access to the policies and measures of the state supporting the development of the intellectual property service industry in accordance with the law.

Chapter 2 Conditions and Procedures for the Establishment of Representative Offices

Article 6

Foreign patent agencies planning to set up resident representative offices in China shall apply for approval from the China National Intellectual Property Administration, submit the required materials, and receive approval before establishing any offices.

Article 7

A foreign patent agency applying for approval to set up an office shall fulfill the following requirements:

(I) The foreign patent agency shall be legally established abroad;

(II) The foreign patent agency shall have conducted substantial patent agency services for more than five years. It shall not have received any self-discipline punishment or administrative punishment;

(III) The chief deputy of the office shall have full capacity for civil conduct and be a fully certified patent agent. He/she shall have conducted substantial patent agency services for no less than three years and cannot have any record of self-discipline punishment or administrative punishment, nor any criminal punishment for intentional rule-breaking;

(IV) The foreign patent agency shall have more than ten patent agents in its own country.

Article 8

The name of the office shall include the name of the country of the foreign agency, the Chinese name of the foreign agency, the name of the city it settled in, and the term "representative office".

Article 9

Foreign patent agencies planning to set up representative offices shall submit the following materials to the China National Intellectual Property Administration:

(I) An application form for resident representative office signed by the principal of the foreign patent agency;

(II) A business license or legal business operation certificate verified and issued by the relevant administration authority of the country and region where the foreign patent agency is located;

(III) An authorization letter issued by the foreign patent agency for appointing a chief deputy for the representative office. The authorization letter shall define the business scope of the representative office;

(IV) Description and commitment letter of relevant circumstances that conform to provisions II to IV of Article 7;

(V) A list introducing the deputies in the representative office;

(VI) Other materials required by the China National Intellectual Property Administration.

The Chinese version of the submitted materials shall be attached if the original documents are not in Chinese. The Chinese version shall prevail in case of any discrepancy.

Article 10

China National Intellectual Property Administration shall make a decision on the approval within three months from the day the application has been received. A written approval shall be issued to the foreign patent agency if it meets the approval requirements; the rejection reason(s) shall be given to those disapproved.

Foreign patent agencies shall, in accordance with the law, apply for registration at the registration authority within 90 days after receiving approval.

Article 11

The representative offices shall submit the following materials for filing at Intellectual Property Departments of the people's governments in provinces, autonomous regions, and municipalities directly under the central government within two months after receiving approval from the China National Intellectual Property Administration:

(I) A description of the representative office's basic information, including the name, address, chief deputy, deputies, and business scope of the representative office;

(II) Identity certificates and other relevant materials of the chief deputy and deputies.

Intellectual Property Departments of the people's governments in provinces, autonomous regions, and municipalities directly under the central government shall provide convenience for the online filing of the representative office.

Article 12

In case of any changes in the name, address, or other information, the representative office shall apply for a change from the China National Intellectual Property Administration.

In case of any changes in the filed information, the representative office shall apply for a change from the Intellectual Property Departments of the people's governments in provinces, autonomous regions, and municipalities directly under the central government.

Chapter 3 Administration of Representative Offices

Article 13

China National Intellectual Property Administration and Intellectual Property Departments of the people's governments in provinces, autonomous regions, and municipalities directly under the central government shall manage the acts of the representative offices and their deputies in accordance with the Administrative License Law of the People's Republic of China, Patent Agency Regulations and other relevant laws and regulations.

Article 14

The representative offices can, in accordance with the law, engage in the following businesses:

(I) Provide consultation for patent services of countries and regions where the foreign patent agency has been approved to be active in;

(II) Accept entrustment from Chinese patent agencies or other parties to handle patent services of countries and regions where the foreign patent agency has been approved to be active in;

(III) Accept entrustment from Chinese patent agencies or other parties to provide consultation for Chinese enterprises' patent-related services, including overseas investment, overseas warnings, and overseas rights protection services;

(IV) Represent foreign parties to entrust Chinese patent agencies to handle Chinese patent services.

The representative offices shall carry out their businesses in accordance with the law and shall not engage in Chinese patent services and Chinese legal services such as applying for patents and announcing the invalidation of the patent rights.

Article 15

China National Intellectual Property Administration and Intellectual Property Departments of the people's governments in provinces, autonomous regions, and municipalities directly under the central government shall strengthen the public information release of the representative offices and their deputies and provide inquiry services to the public to ensure they have access to the basic information of the representative offices and their deputies.

Article 16

China National Intellectual Property Administration and Intellectual Property Departments of the people's governments in provinces, autonomous regions, and municipalities directly under the central government can issue warnings, conduct interviews, put forward proposals, and supervise timely rectification in terms of the following illegal acts. Illegal acts of the representative offices and their staff shall be investigated and, if necessary, transferred to the relevant authorities for punishment in accordance with the law.

(I) Foreign patent agencies or individuals establish representative offices in China without approval or provide patent services illegally;

(II) Foreign patent agencies or individuals, in the name of consulting agencies or other relevant agencies, engage in Chinese patent services such as applying for patents and announcing the invalidation of the patent rights;

(III) The representative offices employ Chinese patent agents who have filed practicing certificates;

(IV) The individual serves or concurrently serves as a deputy in two or more representative offices;

(V) Engage in other illegal acts or violations.

Article 17

In the case of any foreign patent agencies concealing facts or including false information in the application for approval, the China National Intellectual Property Administration shall, in accordance with the law, not accept the application or issue the approval; for already issued approvals, the China National Intellectual Property Administration shall cancel the approval received by the representative offices.

The representative offices shall be ordered to make rectification within a prescribed period by the China National Intellectual Property Administration if their circumstances are changed and no longer fulfill the conditions of the Measures after receiving the approval.

Chapter 4 Supplementary Provisions 

Article 18

The Measures shall be interpreted by China National Intellectual Property Administration.

Article 19

The Measures shall be implemented as of the date of promulgation. 

(Source: China National Intellectual Property Administration)

Click to view the Chinese version

(All information in this document is authentic in Chinese. English is provided for reference only. In case of any discrepancy, the Chinese version shall prevail.)