To improve the quality of patent and trademark agency services, CNIPA, together with the All-China Patent Attorneys Association and the China Trademark Association, issued model contracts for patent and trademark agency entrustment. Based on the official interpretation, this article highlights the clauses and risks applicants and agencies should focus on.
1. Why the model contracts
Rules such as the Patent Agency Regulation and the Trademark Agency Supervision Rules require a written contract between the agency and the client. The models clarify rights, obligations, liability and dispute resolution, protect both parties and help regulate the industry and curb practice risks.
2. Key clauses
Both models have 12 clauses: preamble, entrusted matters, client’s rights/obligations, agency’s rights/obligations, confidentiality, time limits, fees, mutual understandings, liability for breach, other matters, dispute resolution, term and termination, and effect/amendment.
3. Risk-control notes
- Any patent application may be refused and any trademark may be invalidated; the contract should state this plainly.
- Agencies must not promise or guarantee a “guaranteed grant”.
- Clients should file based on genuine inventions and warrant no abnormal filings.
- Key deadlines, fee composition and payment terms should be agreed separately.
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4. FAQ
What are the key clauses of the model contracts?
Both the patent and trademark agency model contracts have 12 clauses covering the entrusted matters, rights and obligations of both parties, confidentiality, time limits, fees, liability for breach, dispute resolution, and termination—balancing standard terms with party-specific items.
How do they prevent “guaranteed grant” misconduct?
The models require agencies not to promise or guarantee outcomes, and include commitments against abnormal patent filings, bad-faith trademark applications and subcontracting, guiding both sides to avoid them.
Which matters do the models cover?
The patent model covers only Chinese patent filing, invalidation and recordal changes; the trademark model covers Chinese trademark filing, subsequent matters and opposition/review. Neither covers foreign or litigation matters.
Source
This article is originally written and attributed to CNIPA’s official interpretation of the patent and trademark agency model contracts: CNIPA policy interpretation (2025-01-10).
Note: This article introduces the intellectual property system of the People’s Republic of China (China); please refer to the latest official provisions for specifics.