Foreign Patent Agencies are Allowed to Set up RO in China Now
On 11 January 2022, China National Intellectual Property Administration released the Administration Measures for the Establishment of Resident Representative Offices in China by Foreign Patent Agencies (hereinafter referred to as the "Measures") on its website. Foreign patent agencies are allowed to set up representative offices in China effective immediately in accordance with the requirements and procedures stipulated in the Measures. Prior to the promulgation of the Measures, foreign patent agencies only can set up resident representative offices in certain pilot areas of Beijing, Suzhou, Nanjing and Guangzhou.
According to the Measures, a foreign patent agency applying for the establishment of a resident representative office in China shall meet the following conditions:
- Legally established abroad;
- Has substantially engaged in patent agency business for more than 5 years, and has not been subject to self-discipline punishment or administrative punishment for practicing;
- The chief representative of the representative office has full capacity for civil conduct, has the qualification of patent agent, has patent agency practice experience of no less than 3 years, has not received self-discipline punishment or administrative punishment for practicing, and has not received criminal punishment for intentional crime;
- There are more than 10 patent agents practicing in their home country.
Before applying for the establishment registration of a representative office, a foreign patent agency shall firstly apply to China National Intellectual Property Administration for an approval on the establishment of a resident representative office in China. Upon issuance of the approval, it may then apply for the establishment registration of a representative office with the registry office accordingly. The official examination and approving time for China National Intellectual Property Administration is 3 months.
A legally established representative office may engage in the following business activities according to the Measures:
- Provide the parties with patent affairs consultation in the country or region where the foreign patent agency has been approved to engage in patent agency business;
- Accept the entrustment of the party concerned or 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;
- Accept the entrustment of the party concerned or the Chinese patent agency to provide professional consulting services for Chinese enterprises?overseas investment, overseas early warning, overseas rights protection and other patent related matters;
- Representing foreign parties, entrust Chinese patent agencies to handle Chinese patent affairs.
However, a representative office is not allowed to engage in Chinese patent affairs such as agency patent applications and invalidation of patent rights, as well as Chinese legal affairs. It is also not allowed to hire Chinese patent agents who have completed practice filing.
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