When is an agency required?
CNIPA’s published guidance states that a foreign person, enterprise or other foreign organization without a habitual residence or business office in China must entrust a legally established patent agency to file a Chinese patent application or handle other patent matters in China. Confirm how the applicable rules apply to the applicant’s circumstances.
Coordination with foreign counsel
Foreign counsel can coordinate with the agency responsible for the Chinese matter, providing technical context and the foreign prosecution history. The applicant and authorized agency should confirm who is formally instructed and responsible for Chinese procedural acts and filings.
What should be checked?
Consider the agency’s and individual practitioners’ credentials, technical experience, language support, fee scope, deadline controls and confidentiality arrangements. For an office action or reexamination, also check the agent of record, the complete file and the service records.
Protecting information
A redacted technical and procedural summary can be used for an initial discussion. Handle unpublished material, client identity and the full file in light of confidentiality arrangements, conflict checks and the scope of authorization.