1. What are the conditions for establishing a patent agency
1. Basis According to the relevant laws of our country, the conditions that need to be met to establish different patent agencies are different. If it is a patent agency in the form of a limited liability company, the conditions for establishment include having a name of the patent agency and having written company articles of association, etc.
2. Legal provisions: "Patent Agency Management Measures"
Article 10 Partnership Enterprises To apply for a practice license as a patent agency, it shall meet the following conditions:
(1) Have laws, administrative regulations and Article 14 of these Measures The specified name of the patent agency;
(2) There is a written partnership agreement;
( 3) Have an independent business premises;
(4) Have two or more partners;
">(5) The partner must have a patent agent qualification certificate and have more than two years of experience as a patent agent.
Article 11 A patent agency in the form of a limited liability company that applies for a practice license must meet the following conditions:
(1) Have a patent agency name that complies with laws, administrative regulations and Article 14 of these Measures;
(2) ) has written articles of association;
(3) has an independent business location;
( 4) There are more than five shareholders;
(5) More than four-fifths of the shareholders and the legal representative of the company must have a patent agent qualification certificate and have more than two years of experience as a patent agent.
Article 12 A law firm that applies for a practice license must meet the following conditions:
(1) Have an independent business location;
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(2) More than two partners or full-time lawyers have patent attorney qualification certificates.
2. What are the matters needing attention when signing a patent license contract?
1. The form of the license must be clearly agreed upon, whether it is general, exclusive or exclusive.
2. The patent should be clearly agreed upon when entering into a patent license contract The scope of the implementation license includes restrictions on the implementation of the patent; restrictions on the number of manufactured patented products or the number of times the patented method is used; restrictions on the implementation period and geography.
3. Clarify the legal liability for patent rights being terminated or declared invalid. According to Chinese laws, the validity period of invention patent rights is 20 years from the date of application, and the validity period of utility model and appearance patents is 10 years from the date of application.
4. Review the validity of the patent license contract. What should be noted here is: whether the patent right has been granted; whether the transferor is a legal patentee; whether there is Co-owners, whether to obtain the consent of the co-owners; payment issues for patent rights.
The above knowledge is the editor’s answers to relevant legal issues, based on our country’s According to relevant laws, the conditions that need to be met to establish different patent agencies are different. For a patent agency in the form of a limited liability company, the conditions for establishment include a name of the patent agency, written company articles, etc. If legal aspects are needed For help, welcome to the Legal Savior Network for legal consultation.
