Application conditions for patent agencies

Legal analysis: A patent agency must meet the following conditions:

(1) A partnership patent agency shall be sponsored by three or more partners, and a limited liability patent agency shall be sponsored by five or more shareholders.

(2) The name of the patent agency meets the following conditions:

Patent agencies can only enjoy and use one name. The name of a patent agency shall consist of the name of the city where the agency is located, the trademark name, the patent agency, the patent agency co., ltd. or the intellectual property agency or the intellectual property agency co., ltd. Its name shall not be the same as or similar to the name of the patent agency that is in use or has been used nationwide.

A law firm that undertakes patent agency business may use the name of the law firm.

(3) There is a partnership agreement or articles of association.

(4) A partner or shareholder meets the following conditions:

1, with the qualification of patent agent;

2. Have more than 2 years working experience in patent agencies;

3. Be able to engage in patent agency business full-time;

4. When applying for the establishment of a patent agency, the applicant is no more than 65 years old;

5. Good conduct.

Legal basis: Article 22 of the Patent Law of People's Republic of China (PRC), the invention and utility model for which a patent is applied shall be novel, creative and practical.

Novelty means that the invention or utility model does not belong to the prior art; No unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, and it was recorded in the patent application documents published or announced after the filing date.

Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.

Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.

The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.