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Patents Act 1977

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This is the original version (as it was originally enacted).

Patent agents

114Restrictions on practice as patent agent

(1)An individual shall not, either alone or in partnership with any other person, practise, describe himself or hold himself out as a patent agent, or permit himself to be so described or held out, unless he is registered as a patent agent in the register of patent agents or (as the case may be) unless he and all his partners are so registered.

(2)A body corporate shall not practise, describe itself or hold itself out or permit itself to be described or held out as mentioned in subsection (1) above unless—

(a)in the case of a company within the meaning of the Companies Act 1948 which began to carry on business as a patent agent before 17th November 1917, a director or the manager of the company is registered as a patent agent in the register of patent agents and the name of that director or manager is mentioned as being so registered in all professional advertisements, circulars or letters issued by or with the consent of the company in which the name of the company appears;

(b)in any other case, every director or, where the body's affairs are managed by its members, every member of the body and in any event, if it has a manager who is not a director or member, that manager, is so registered.

(3)Any person who contravenes the provisions of this section shall be liable on summary conviction to a fine not exceeding £1,000.

(4)Proceedings for an offence under this section may be begun at any time within twelve months from the date of the offence.

(5)This section shall not be construed as prohibiting solicitors from taking such part in proceedings relating to patents and applications for patents as has heretofore been taken by solicitors and, in particular, shall not derogate from the provisions of section 102 above as it applies to solicitors.

(6)A patent agent shall not be guilty of an offence under section 22 of the Solicitors Act 1974 or section 39 of the Solicitors (Scotland) Act 1933 (which prohibit the preparation for reward of certain instruments or writs by persons not legally qualified) by reason only of the preparation by him for use in proceedings under this Act before the comptroller or on appeal under this Act to the Patents Court from the comptroller of any document other than a deed.

(7)For Article 23(2)(d) of the Solicitors (Northern Ireland) Order 1976 there shall be substituted the following paragraph—

(d)a patent agent within the meaning of the Patents Act 1977 preparing, for use in proceedings under that Act or the Patents Act 1949 before the comptroller (as defined in the former Act) or on appeal under either of those Acts to the Patents Court from the comptroller, any document other than a deed ;.

115Power of comptroller to refuse to deal with certain agents

(1)Rules may authorise the controller to refuse to recognise as agent in respect of any business under this Act—

(a)any individual whose name has been erased from, and not restored to, the register of patent agents, or who is for the time being suspended from acting as a patent agent;

(b)any person who has been convicted of an offence under section 114 above or section 88 of the 1949 Act (which is replaced by section 114);

(c)any person who is found by the Secretary of State to have been convicted of any offence or to have been guilty of any such misconduct as, in the case of an individual registered in the register of patent agents, would render him liable to have his name erased from it;

(d)any person, not being registered as a patent agent, who in the opinion of the comptroller is engaged wholly or mainly in acting as agent in applying for patents in the United Kingdom or elsewhere in the name or for the benefit of a person by whom he is employed;

(e)any company or firm, if any person whom the comptroller could refuse to recognise as agent in respect of any business under this Act is acting as a director or manager of the company or is a partner in the firm.

(2)The comptroller shall refuse to recognise as agent in respect of any business under this Act any person who neither resides nor has a place of business in the United Kingdom.

(3)Rules may authorise the comptroller to refuse to recognise as agent or other representative for the purpose of applying for European patents any person who does not satisfy the condition mentioned in section 84(1) above and does not fall within the exemption in subsection (2) of that section.

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