Frequently Asked Questions in relation to Hong Kong Residents
Participating in Patent Agency Services in the Mainland

Before the implementation of CEPA, only Mainland residents were allowed to take the National Qualification Examination for Patent Agents and practise as patent agents in the Mainland. Starting from 2004, Hong Kong residents have been permitted to sit the examination and seek to qualify as patent agent in the Mainland as an initiative under CEPA and following discussions between the Intellectual Property Department and the State Intellectual Property Office of the People’s Republic of China.

1. Who may benefit from the opening up of patent agency services in the Mainland?

Starting from 1 January 2005, all permanent residents who hold Chinese citizenship and meet the prescribed requirements in Question 4 below may benefit from the opening up of the Mainland patent agency services by taking the National Qualification Examination for Patent Agents and, subject to compliance with certain prescribed conditions, practising as patent agents in the Mainland.

2. What type of services do Mainland Patent Agents provide?

The services include:

(i) providing patent-related consultation services;

(ii) drafting patent application documents and handling patent applications, handling matters relating to request for substantive examination and re-examination of patent applications;

(iii) raising disagreements, handling matters relating to revocation of patents;

(iv) handling matters relating to patent applications, transfer and licensing of patents;

(v) acting as consultants on patent-related matters; and

(vi) handling other related matters.

3. How can I practise as a patent agent in the Mainland?

Any person who wishes to qualify as a patent agent in the Mainland has to pass the National Qualification Examination for Patent Agents and obtain the Patent Agent Qualification Certificate. After obtaining the above certificate, he has to complete one full year of apprenticeship in an authorised patent agency in the Mainland or the Hong Kong or Macao office of such Mainland patent agency. According to the Measures for the Administration of Patent Agencies ( 《專利代理管理辦法》 ), a successful candidate, after completing the one-year apprenticeship, can apply for the Patent Agent Work Permit through the “All-China Patent Agents Association” ( 《中華全國專利代理人協會》 ), as long as he continues to practise in a Mainland patent agency.

Any Hong Kong resident who is permitted to practise in the Mainland may, subject to complying with certain prescribed conditions, become a partner or shareholder of a Mainland patent agency.

4. What are the eligibility requirements for Hong Kong residents taking the National Qualification Examination for Patent Agents?

Hong Kong residents taking the National Qualification Examination for Patent Agents are required to satisfy the following eligibility requirements:

(i) being permanent residents of the Hong Kong Special Administrative Region holding Chinese citizenship;

(ii) possessing graduate qualifications in the field of science or engineering from tertiary education institutions in the Mainland, Hong Kong or Macao, or equivalent qualifications from other countries or territories approved by the Ministry of Education of the People’s Republic of China;

(iii) having attained the age of 18; and

(iv) having two years’ working experience in applied science or the legal field.

5. When will the next Examination be held?

The next Examination will be held in 2006.

6. How often will the Examination be held ?

The Examination is held biennially, in every even numbered year. The State Intellectual Property Office had conducted a consultation in May 2005 proposing to hold the examination annually , see proposal at http://www.sipo.gov.cn/sipo/tz/peixtz/t20050517_46796.htm

7. Where and when should applicants submit their applications?

Hong Kong applicants intending to take the National Qualification Examination for Patent Agents 2006 should refer to the State Intellectual Property Office’s website at http://www.sipo.gov.cn.

8. Which organization is responsible for determining the eligibility of applicants?

The State Intellectual Property Office of the People's Republic of China will be solely responsible for determining whether Hong Kong applicants comply with the eligibility requirements set out in Question 4.

9. What is the application fee?

Successful applicants should pay the application fee of RMB30 to the State Intellectual Property Office of the People's Republic of China when they report to the Shenzhen examination centre the day before the Examination.

10. What documents are required to be submitted by applicants at the time of application?

The following documents and information should be submitted on application:

(i) copies of identification documents of the applicant and proof of his academic qualifications and working experience which have been attested by a China-appointed Hong Kong attesting officer with the original attesting certificate attached;

(ii) if any document in paragraph(i) above is not in Chinese, a copy of its Chinese translation; the translation may be prepared by the applicant and need not be attested;

(iii) three recent photos of the applicant (without headgear) measuring 1 inch X 1.5 inch;

(iv) one completed and signed application form; and

(v) 2 copies of all the documents and information listed in paragraphs (i), (ii) and (iv) above.

11. In relation to Question 10, what identification documents are applicants required to submit to prove that they are Hong Kong permanent residents holding Chinese citizenship?

Applicants should submit the following identification documents:

(i) a copy of their Hong Kong permanent identity card; and

(ii) a copy of their Hong Kong Special Administrative Region Passport or Home Visit Permit for Hong Kong and Macau Residents.

As stated in Question 10, these identification documents should be attested by a China-appointed Hong Kong attesting officer and verified to correspond with the original documents.

12. How can applicants obtain information about China-appointed Hong Kong attesting officers?

The relevant information can be obtained from the official website of the Association of China-Appointed Attesting Officers Limited at http://www.caao.org.hk/

13. What subjects are covered by the fields of "science and engineering"?

According to the information compiled by the Ministry of Education of the People's Republic of China, the subjects listed in the Appendix are covered under the fields of "science and engineering".

As regards other subjects or combined programmes that are related to science or engineering but are not listed in the Appendix, the State Intellectual Property Office of the People's Republic of China will consider them on a case-by-case basis. Applicants may refer to Question 16 regarding the arrangements for approval of academic qualifications.

14. Are all degrees, diplomas or associate degrees in the field of science or engineering that are awarded by Hong Kong tertiary education institutions accepted for the purpose of the Examination?

Generally speaking, degrees in the field of science or engineering awarded by all Hong Kong universities would be accepted for the purpose of the Examination. Diplomas or associate degrees in the field of science or engineering awarded by other tertiary educational institutions are required to be approved by the Ministry of Education of the People's Republic of China on a case-by-case basis. Applicants may refer to Question 16 regarding the arrangements for approval of academic qualifications.

15. Will overseas academic qualifications be accepted?

Academic qualifications in the field of science or engineering from tertiary education institutions of other countries or territories would also be accepted if they are approved by the Ministry of Education of the People's Republic of China. Applicants may refer to Question 16 regarding the arrangements for approval of academic qualifications.

16. What should applicants do if they need to seek approval of their academic qualifications?

It is not necessary for applicants to approach the State Intellectual Property Office of the People's Republic of China ("SIPO") or the Ministry of Education of the People's Republic of China directly to obtain approval of their academic qualifications. They are only required to submit the documents and information listed in Question 10 at the time of application. Upon receipt of the relevant documents, SIPO will forward their academic qualifications to the Ministry of Education for processing.

17. How can applicants prove their work experience in applied science or the legal field?

Applicants should furnish documentary evidence provided by the relevant employer(s) with information on their period of employment, their rank, the nature and areas of their work. As stated in Question 10, such documentary evidence should be attested by a China-appointed Hong Kong attesting officer. If any of the above-mentioned documents is not in Chinese, applicants should prepare and submit its Chinese translation. The translation need not be attested.

18. Is overseas working experience taken into account?

Yes.

19. How would applicants be notified of the results of their applications?

The State Intellectual Property Office of the People's Republic of China is responsible for determining whether the applicants have satisfied the eligibility requirements of the Examination. Applicants who satisfy the eligibility requirements will receive notification letters containing details which include the examination venue, the time and procedures for reporting at the examination centre and arrangements for collecting the examination passes.

20. What subjects will be examined?

The Examination consists of four subjects:

(i) basic legal knowledge relating to patents;

(ii) drafting patent application documents (divided into three subjects namely mechanical engineering, chemical and electronic engineering among which candidates may choose one subject that they are familiar with);

(iii) patent application procedures, examination procedures and patent documentation search; and

(iv) patent examination standard, re-examination and invalidation.

The State Intellectual Property Office had conducted a consultation in May 2005 proposing changes to the examination subjects and their contents, see proposal at http://www.sipo.gov.cn/sipo/tz/peixtz/t20050517_46796.htm.

21. What form will the Examination take?

The Examination will be a closed book examination. Except for the subject on "Drafting Patent Application Documents" which will be a written examination, the other three subjects will be in the form of multiple-choice.

22. How can applicants obtain revision materials for the Examination?

The "Guidebook on the National Qualification Examination for Patent Agents 2004" is compiled by the Office of the Patent Agents Examination Board ( 專利代理人考核委員會辦公室 ) and published by the Intellectual Property Publishing Co. ( 知識產權出版社 ). The contents of the Guidebook include the examination outline and the relevant laws, regulations and rules. It costs RMB88. The Guidebook and other relevant books can be purchased online via the Internet at http://www.cnipr.com/. The contact telephone numbers for purchase are: (010) 620 83595, 82000893.

23. How can past papers of the National Qualification Examination for Patent Agents be obtained?

Past examination papers will not be made available for public sale. However, information relating to the Examination, including the examination outline is contained in the "Guidebook on the National Qualification Examination for Patent Agents 2004". Please refer to Question 22 regarding purchase of the Guidebook.

24. Will there be any pre-Examination training courses?

The preparation course for the National Qualification Examination for Patent Agents 2006 will be organised by the Hong Kong Intellectual Property Society. Details will be announced in the IPD website later.

Applicants may also enroll in the pre-Examination training courses organized in the Mainland. Relevant information will be announced in the website of the State Intellectual Property Office of the People’s Republic of China at http://www.sipo.gov.cn

25. Is the Examination going to be conducted in Chinese?

The examination papers are written in simplified Chinese characters. Answers should be provided in Chinese. However, Hong Kong candidates may use traditional Chinese characters in answering the questions.

26. How would the Examination results be published?

The Examination results for the National Qualification Examination for Patent Agents will be published on the website of the State Intellectual Property Office of the People's Republic of China ("SIPO") (http://www.sipo.gov.cn). Candidates may enter their examination pass number to check their examination scores. After SIPO determines the passing score, it will be published on its official website. Candidates will then be able to know whether they have passed the Examination.

27. How can the successful candidates obtain the Patent Agent Work Permit (《專利代理人執業証》)?

According to the Measures for the Administration of Patent Agencies ( 《專利代理管理辦法》 ), a successful candidate, after completing the one-year apprenticeship, can apply for the Patent Agent Work Permit through the “All-China Patent Agents Association” ( 《中華全國專利代理人協會》 ), as long as he continues to practise in a Mainland patent agency.

28. How can persons interested in the Examination obtain further information?

For further information about the Examination, please visit the website of the State Intellectual Property Office of the People's Republic of China ("SIPO") at http://www.sipo.gov.cn

Enquiries may also be directed to SIPO by way of e-mail to wangyun@sipo.gov.cn. SIPO may answer these enquiries directly by means of e-mails or may do so by posting replies to questions that are commonly raised on their official website. Moreover, individuals intending to take the Examination may direct their enquiries by way of e-mail to the Intellectual Property Department (Email: enquiry) of the Hong Kong Special Administrative Region ("IPD"). IPD will forward enquiries from Hong Kong residents to SIPO for their reply.