关于外国专利代理机构在京设立常驻代表机构的政策推介函（Letter of Policy Introduction for Foreign Patent Agency to Set-up Permanent Representative Office in Beijing）
Letter of Policy Introduction for Foreign Patent Agency to Set-up Permanent Representative Office in Beijing
Foreign Patent Agencies:
In order to promote the opening up of the intellectual property service industry and attract high-level international intellectual property service resources in Beijing, China National Intellectual Property Administration(CNIPA) approved the pilot work of patent agency opening to the world in Beijing, allowing foreign patent agency to set up permanent representative office in China. The policy is as follows:
1. The foreign patent agency who apply for the setting-up of a permanent representative office or sent representatives, shall meet the following conditions:
1) The foreign patent agency has already legally practiced in its own country and has not discipline punishment or administrative punishment record;
2) The chief representative or representatives of the representative office shall have the patent agency qualification, and have practiced patent agency outside China for not less than 2 years, and have not discipline punishment or administrative punishment record;
3) The foreign patent agency has more than 10 patent attorneys practicing in its own country.
2. The permanent representative office and representatives set up by foreign patent agency can abide by the law to do the following business:
1) To provide patent consultant business which the foreign agency was permitted to do in the country or region;
2) To accept the authorization of the people or the Chinese patent agency, to provide the patent agency business which the foreign patent agency was permitted to do in the country or region;
3) IP training service;
4) IP licensing and transferring service;
5) To accept the commission of the people and the patent agency of China, to provide professional services for the overseas investment, early warning, rights protection and other activities for the enterprises in Beijing;
6) To on behalf of foreign parties, entrust Chinese patent agency to solve Chinese patent affairs.
The representative office and representatives shall legally operate business, and shall not be engaged in China's patent affairs and China's legal affairs, such as agent patent application and invalidation of patent right.
3. To establish a permanent representative office in China, the foreign patent agency shall register in the administration department for enterprise registration, and obtain the approval of the China National Intellectual Property Administration(CNIPA). The submitted documents include:
1) The application for the setting up of permanent representative office signed by the person-in-charge of the foreign patent agency;
2) The letter of authorization proposed by the foreign patent agency to be the chief representative or representatives of the representative office shall specify the business scope of the representative office or representatives;
3) Other documents required by the China National Intellectual Property Administration(CNIPA).
As we know, the Beijing municipal and district governments are promoting the implementation of this policy. If you are interested in setting up a permanent representative office in Beijing, please contact us. We will cooperate with the government in the city to provide relevant services and convenience.
Name: Johnny ZHAO
Beijing Patent Attorneys Association
February 2, 2021