The amended Patent Agency Regulations, adopted at a State Council executive meeting on September 6, 2018, were released on November 19 by a State Council decree signed by Premier Li Keqiang. They take effect on March 1, 2019.
The regulations standardize patent agency practice and protect the lawful interests of agencies and patent agents. The State Council’s patent administration department supervises the profession nationwide.
Agencies must take an approved organizational form, such as a partnership or limited liability company. Chinese citizens with a science or engineering qualification at junior-college level or above may sit the national patent-agent examination.
Agencies and agents must keep confidential the inventions they learn about through their work, except information already published. Qualifications obtained dishonestly may be revoked, and an agency disclosing a client’s invention may face a fine of up to RMB 100,000.
Foreign patent agencies require approval from the State Council’s patent administration department before establishing representative offices in China.
By the end of October 2018, 42,569 people had obtained patent-agent qualification certificates, 18,468 held practicing certificates, and 2,126 patent agencies had been established. More than 1,000 agencies offered PCT services.
Sources: http://english.gov.cn/policies/latest_releases/2018/11/19/content_281476397291364.htm ; http://www.lindapatent.com/en/info_news/794.html