New regulation! Agencies must submit social security proof materials for all patent agents during record filing. Work Guidelines for Patent Application Pre-examination Services of Guangdong Intellectu

2026-04-28
Guidelines for Patent Application Pre Trial Services of Guangdong Intellectual Property Protection Center (Trial)

Chapter 1 General Provisions

Article 1 In order to give full play to the positive role of the Patent Application Pre examination Service of the Guangdong Intellectual Property Protection Center (hereinafter referred to as the Guangdong Center) in supporting industrial innovation and development, and standardize the management of filing subjects and agencies, in accordance with the Notice on Carrying out the Rapid Collaborative Protection of Intellectual Property Rights (GZFGZ [2016] No. 92), the Regulations of the China National Intellectual Property Administration on the Administration of Intellectual Property Credit (GZFBZ [2022] No. 8), the Regulations on Regulating Patent Applications (China National Intellectual Property Administration Order No. 77), the Administrative Measures for Patent Application Pre examination Business (for Trial Implementation) (GZFBZ [2023] No. 25), and the Regulations of the China National Intellectual Property Administration on Strengthening Intellectual Property Opinions on the Operation Management of the Property Rights Protection Center and the Rapid Rights Protection Center to Promote the Rapid Collaborative Protection of Intellectual Property Rights in High Quality (GZFBZ [2025] No. 39) Based on relevant regulations and practical work, this guideline is formulated.

Article 2 The patent application pre examination service referred to in these Guidelines refers to the pre examination service provided by the Guangdong Center for the pre examination application cases submitted by the filing subject before the China National Intellectual Property Administration formally applies for a patent. Eligible applicants can enter the fast examination channel of the China National Intellectual Property Administration. The Guangdong Center adheres to the principles of "fairness and public welfare, voluntary participation of subjects, high quality and efficiency, and standardized and orderly", and collects all patent pre-approval requests that are of great significance for protecting innovative achievements.

Article 3: The Guangdong Center Patent Pre examination Department shall, in accordance with the principles of fairness and efficiency, be responsible for the management of patent application pre examination filing entities and agency agencies in relevant industrial fields in Guangdong Province.

Article 4 The filing entities mentioned in these Guidelines refer to enterprises, institutions and other innovation entities that have passed the registration and filing review of Guangdong Center and have been approved and filed by the China National Intellectual Property Administration. The agency referred to in this guideline refers to the institution engaged in patent agency services that has completed registration in the Guangdong center.

Article 5 The filing subject shall abide by the principles of abiding by the law and regulations, strictly abide by the Letter of Commitment on Pre examination Service of Patent Applications of the Filing Subject of Guangdong Intellectual Property Protection Center (Annex 1) and other documents, as well as the relevant provisions of the China National Intellectual Property Administration on patent pre examination. Guangdong Center shall dynamically adjust the Letter of Commitment on Pre examination Service of Patent Applications of the Filing Subject of Guangdong Intellectual Property Protection Center in combination with the actual work.

Article 6: The filing subject and agency shall abide by the principles of integrity and efficiency, actively cooperate with the Guangdong Center's patent pre examination work, ensure that the patent pre examination work is carried out in a standardized, orderly, high-quality and efficient manner, and ensure that the limited public service resources for patent pre examination effectively serve the province's high-quality innovation protection.

Article 7: The Guangdong Center shall not charge any fees for patent application pre examination services. The filing subject may entrust an agency to handle pre-approval related business, and the agency accepting the commission should register at the Guangdong Center.

Chapter 2 Filing Conditions and Procedures

Article 8: Innovation entities applying for filing must meet the following conditions:

（1） Enterprises, institutions, universities, research institutes, etc. with independent legal personality registered in the administrative region of Guangdong Province;

（2） The business scope belongs to the pre examination service industry field of Guangdong Center;

（3） Having independent research and development capabilities;

（4） Having a solid foundation in intellectual property work, with at least one valid invention patent obtained as the first applicant in principle, a stable intellectual property management team, and the establishment of an intellectual property management system;

（5） No malicious patent infringement, abnormal patent applications, fraudulent patent funding or other dishonest behavior in the field of intellectual property or other bad credit records.

Article 9: Innovation entities applying for registration and filing on the pre-approval management platform shall submit the following materials:

（1） Application Form for Patent Rapid Pre examination Service Filing of Guangdong Intellectual Property Protection Center (Attachment 2);

（2） Copy of business license or legal representative certificate of public institution;

（3） In principle, it is necessary to provide proof of social security payment for the innovation subject for the past 3 months for the main in-service R&D personnel (3 or more) and their contacts;

（4） Proof of main products or services;

（5） Proof materials related to research and development innovation work;

（6） Proof materials of intellectual property work status;

（7） Other necessary supporting documents required by Guangdong Center;

The above materials must be stamped with an official seal.

Based on the actual work situation, the Guangdong Center has dynamically adjusted the "Application Form for Patent Rapid Pre examination Service Filing of Guangdong Provincial Intellectual Property Protection Center".

Article 10 The record subject shall be announced after being reviewed by the Guangdong Center and reviewed by the China National Intellectual Property Administration.

Article 11 Where the invention and creation of an innovation subject is of great significance to the national interests and public interests, or involves key projects of investment attraction and rural revitalization, the innovation subject can be put on record after being recommended by the people's government at or above the county level or the municipal market supervision and administration bureau (intellectual property bureau) at or above the prefecture level, reviewed by the Guangdong Center, and reviewed by the China National Intellectual Property Administration.

Chapter 3 Management of Filing Entities

Article 12 The Guangdong Center shall, in accordance with the relevant provisions of the China National Intellectual Property Administration on the preliminary examination of patent applications, regulate the acts of the filing subject applying for patent preliminary examination services, and shall suspend the preliminary examination services, cancel the filing qualification or stop the preliminary examination services for the filing subject that does not comply with the specifications.

Article 13: If the filing subject falls under any of the following circumstances, the patent pre examination service at the Guangdong Center shall be suspended for more than six months:

（1） The proportion of patent applications that fail the preliminary review within one year exceeds 50%;

（2） Within one year, the China National Intellectual Property Administration has identified an abnormal patent application and the appeal has not been passed;

（3） The submitted patent application pre-approval request is not intended to protect innovation;

（4） Submitting forged, fabricated or altered false materials, including filling in information on filing application forms that does not match the true information, and submitting false production, operation and research and development certification materials;

（5） Patents that have been granted authorization after passing the preliminary review must submit the "Guangdong Provincial Intellectual Property Protection Center Patent Transfer Report Form" (Attachment 3) for patent transfer. If there are two or more patent transfers within one year and neither has been reported or the reasons for reporting are insufficient;

（6） Interfering with or not cooperating with the pre examination work of patent applications.

Article 14: If the filing subject has the following circumstances, the patent pre examination service in Guangdong Center shall be suspended for one year:

Repeated submission of applications (including substantially identical or highly similar applications) accepted by the China National Intellectual Property Administration or the National Intellectual Property Protection Center to the Guangdong Center.

Article 15: If the filing subject has any of the following circumstances, its qualification for filing in the Guangdong Center shall be cancelled, and it shall no longer accept filing applications within three years:

（1） The proportion of patent applications that fail the preliminary review within one year exceeds 70%;

（2） Two or more patent applications within one year have been identified as abnormal patent applications by the China National Intellectual Property Administration and the appeal has not been passed;

（3） Multiple submissions of forged, fabricated, or altered false materials, including discrepancies between the information filled in the filing application form and the true information, and submission of false production, operation, and research and development certification materials;

（4） Patents that have been granted authorization after passing the preliminary review, and have transferred 5 or more patent rights within one year without reporting or with insufficient reasons for reporting;

（5） Serious interference or failure to cooperate with patent application pre examination related work.

Article 16: If the filing subject falls under any of the following circumstances, the patent pre examination service at the Guangdong Center shall be suspended:

（1） Repeated submission of applications (including substantially identical or highly similar applications) accepted by the China National Intellectual Property Administration or the National Intellectual Property Protection Center to the Guangdong Center for two or more times;

（2） The situation of intimidation, threats, blackmail, etc. against the pre-trial personnel, which affects the pre-trial work;

（3） Other situations that violate relevant laws and regulations and cause serious adverse effects.

Article 17: In principle, the filing subject shall not submit more than 3 pre examination application cases jointly with the unregistered subject within one natural year. If key enterprises and institutions have a need to submit more than 3 pre examination application cases jointly with the unregistered subject, they may submit the "Guangdong Intellectual Property Protection Center Filing Subject Joint Non Filing Subject Pre Examination Application Request" (Attachment 4) to the Guangdong Center. After being reviewed by the Guangdong Center, they can submit it. Those that have not been reviewed shall be deemed to interfere with the relevant work of patent application pre examination and shall be handled in accordance with Article 13 of these Guidelines.

Article 18: If the filing subject fails to submit a preliminary review case to the Guangdong Center within two years from the date of passing the self prepared case, it shall be deemed as giving up the filing qualification.

Article 19: The filing entity shall appoint a dedicated person to manage the pre examination of patent applications. The account contact person must be a staff member of the unit and be aware of the relevant requirements for patent application pre examination. The contact information must be the contact person's mobile phone number.

The Guangdong Center conducts periodic checks on the authenticity and accuracy of the registration and filing information of the filing subject. If it is found that the information has not been updated in a timely manner after verification, the pre review service will be suspended until the change review is completed.

Article 20: The filing subject shall properly manage the account and password of the pre-approval management platform. If the account and password are lost for the first time, the filing subject may send proof materials by email to the Guangdong Center to retrieve them; If the account password is lost again, the relevant person in charge of the filing entity must bring relevant proof materials to the Guangdong center for on-site verification and retrieval; For those who have lost their account password after retrieving it again, it will be considered as having weak intellectual property management foundation and will be removed from the list of filing entities. In principle, they will not be allowed to file again within one year.

Article 21: The filing subject shall cooperate with the Guangdong Center to complete the updating of relevant filing information and other related work in accordance with the requirements of the Guangdong Center.

Article 22: After the filing subject is suspended from pre examination services or disqualified from filing, it shall make rectification as required and submit a rectification report and a written application to restore pre examination services for patent applications. The Guangdong Center shall make corresponding decisions based on the rectification situation. The Guangdong Center will no longer accept new patent application pre-approval requests submitted by the filing subject during the suspension period or from the date of cancellation of filing qualifications or from the date of suspension of pre-approval services. The pre-approval services will be terminated for patent application pre-approval requests that have been submitted but not yet concluded.

Chapter 4 Registration Conditions for Agency Agencies

Article 23: After completing registration at the Guangdong Center, the agency may accept the commission of the filing subject to handle patent pre examination related business.

Article 24: Agency registration applications must meet the following conditions:

（1） Firmly support the leadership of the CPC and earnestly implement the party's line, principles and policies;

（2） Strictly abide by national laws and regulations, industry norms, and professional discipline, and have good professional ethics;

（3） It was established after the approval of the China National Intellectual Property Administration, and is in a normal state in the "Patent Agency Management System" of the China National Intellectual Property Administration, with good credit, such as a credit rating of A and above;

（4） Sign the "Commitment Letter for High Quality Service Guarantee and High Quality Patent Application" (Attachment 5) and fulfill the commitment, with a professional service team, strict quality audit mechanism, scientific and effective internal management system, and strict implementation of the patent agent signature responsibility system;

（5） Institutions with certain professional capabilities, stable teams, and relatively stable sources of cases, such as those established for at least five years or established for three to five years with at least five practicing agents, or established for one to three years with at least ten practicing agents; Since its establishment, this institution has represented at least the entire process from application to closure (including authorization and rejection cases) of invention cases, invalid or litigation cases, etc;

（6） The agency and its registered agents have not been subject to administrative penalties such as warnings or fines for illegal agency behavior within one year, or disciplinary sanctions such as industry association reprimands or warnings. Within three years, they have not been subject to administrative penalties such as suspension of business or more, or disciplinary sanctions such as industry association criticism or more, for serious illegal agency behavior. They have not engaged in non-standard business practices and have not been included in the list of patent agency abnormal operations or serious illegal dishonesty;

（7） There are no abnormal patent applications that have not been processed yet;

（8） Within three years, there has been no dishonest behavior such as fraudulently obtaining patent funding or intentionally infringing on the intellectual property rights of others;

（9） No other adverse records.

Article 25: When registering an agency, the following documents must be submitted:

（1） Copy of the ID card of the legal representative and executive partner of the agency;

（2） Copy of the business license of the agency;

（3） Registration Form of Patent Agency of Guangdong Intellectual Property Protection Center (Attachment 6);

（4） Proof materials for office premises;

（5） Social security proof materials for all patent agents;

（6） Other supporting documents required by Guangdong Center.

The above materials must be stamped with an official seal.

Based on practical work, the Guangdong Center dynamically adjusted the "Registration Form of Patent Agency of Guangdong Provincial Intellectual Property Protection Center".

Article 26: The Guangdong Center shall dynamically manage the agencies in accordance with the provisions of Article 24 and Article 25 of these Guidelines, and cancel the registration qualifications of agencies that do not meet the registration requirements.

Chapter 5 Agency Management

Article 27 The Guangdong Center shall, in accordance with the relevant provisions of the China National Intellectual Property Administration on the preliminary examination of patent applications, regulate the acts of patent preliminary examination services of registration agencies, and take measures to suspend the preliminary examination services, cancel the registration qualification or stop the preliminary examination services of registration agencies that do not comply with the specifications.

Article 28: If an agency has any of the following circumstances, it shall suspend its patent pre examination agency services in Guangdong Center for more than six months:

（1） More than 50% of the patent applications represented within one year have failed the preliminary review;

（2） In one year, the patent application pre-trial cases represented by the China National Intellectual Property Administration were identified as abnormal patent applications and the appeal was not passed;

（3） The request for pre examination of patent applications by agents is not aimed at protecting innovation;

（4） Submit forged, fabricated or altered false materials, including registration application information that does not match the true information, and submit false production, operation and research and development certification materials;

（5） Those who have been disciplined or warned by industry associations;

（6） Listed in the list of abnormal business operations;

（7） Interfering with or not cooperating with the pre examination work of patent applications.

Article 29: If an agency has any of the following circumstances, its registration qualification shall be cancelled, and it shall no longer accept registration applications within three years:

（1） Within one year, the proportion of patent applications that fail the preliminary review through agency exceeds 70%;

（2） More than 2 patent application pre-trial cases handled by the agency within one year were identified as abnormal patent applications by the China National Intellectual Property Administration and the appeal was not passed;

（3） Multiple proxy patent application pre-approval requests are not aimed at protecting innovation;

（4） Those who have been dealt with or punished by patent administrative departments at all levels, or those who have been criticized or disciplined by industry associations;

（5） Multiple submissions of forged, fabricated or altered false materials, including registration application information that does not match the true information, and submission of false production, operation and research and development certification materials;

（6） Suspected of other illegal and irregular behaviors.


Article 30: If an agency has any of the following circumstances, it shall cease providing patent pre examination services at the Guangdong Center:


（1） Listed as seriously illegal and untrustworthy;


（2） There is abnormal patent application agency behavior and the circumstances are relatively severe;


（3） Repeated submission of applications (including substantially identical or highly similar applications) accepted by the China National Intellectual Property Administration or the National Intellectual Property Protection Center to the Guangdong Center;


（4） Being cancelled, revoked or revoked by the China National Intellectual Property Administration of the People's Republic of China, or being ordered by the China National Intellectual Property Administration to stop undertaking new patent agency business;


（5） The situation of intimidation, threats, blackmail, etc. against the pre-trial personnel, which affects the pre-trial work;


（6） Serious violations of patent agency laws, affiliation of patent agent qualification certificates, fraud of intellectual property funding and reward fees, unqualified agency and other dishonest behaviors in the field of intellectual property, or other bad credit behaviors;


（7） Serious interference or failure to cooperate with patent application pre examination related work;


（8） Suspected of other illegal and irregular behaviors, causing serious adverse effects.


Article 31: If an agency fails to submit a preliminary review case to the Guangdong Center for one consecutive year, it shall be deemed to have waived its registration qualification.


Article 32: After the agency is suspended from providing pre examination services or has its registration qualifications cancelled, it shall make necessary corrections as required and submit a report on the corrections and a written application to restore the pre examination services for patent applications. The Guangdong Center shall make corresponding decisions based on the situation of the corrections. The Guangdong Center will no longer accept patent application pre examination requests represented by the agency during the suspension period or from the date of cancellation of registration qualifications or from the date of cessation of pre examination services. Pre examination services will be terminated for patent application pre examination requests that have been submitted but not yet concluded.


Chapter 6 Supplementary Provisions


Article 33: This guideline is interpreted by the Guangdong Center and shall be implemented from the date of issuance. The "Management Measures for Patent Application Pre examination Filing Subjects and Agency Institutions of Guangdong Intellectual Property Protection Center" issued by the Guangdong Center on February 20, 2025 shall be simultaneously abolished.
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