1. What are the conditions for foreign-related patent agency
1. Foreign-related patents The organizational form of the agency should be a partnership, a limited liability company, etc.;
2. The partners and shareholders of the foreign-related patent agency must be Chinese citizens;
3. Foreign-related patent agencies should apply for a practice license in accordance with the law.
4. Legal basis:
Article 9 of the "Patent Agency Management Measures", Patent The organizational form of the agency shall be a partnership, a limited liability company, etc. Partners and shareholders must be Chinese citizens.
Article 10 of the "Patent Agency Management Measures", when a patent agency in the form of a partnership applies for a practice license, it must meet the following conditions:
(1) Have a patent agency name that complies with laws, administrative regulations and Article 14 of these Measures;
(2) Have a written partnership agreement;
(3) Have an independent business location;
(4) Have two or more partners;
(5) The partner has a patent agent qualification certificate and has been a patent agent for more than two years Teacher practice experience.
2. What is a foreign-related patent?
1. Foreign-related patents refer to matters involvingPatents involving factors in other jurisdictions. Moreover, Chinese law stipulates that foreigners, foreign enterprises or other foreign organizations that do not have a regular residence or business office in China must entrust a patent agency established in accordance with the law in China to handle the application for patents and other patent matters in my country.
2. If a foreigner, foreign enterprise or other foreign organization without a habitual residence or business office in China applies for a patent in China, he or she shall apply for a patent in accordance with the agreements or international treaties to which they are jointly party, or in accordance with the principle of reciprocity and in accordance with this law.
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