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Copyright, Designs and Patents Act 1988

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Copyright, Designs and Patents Act 1988, Section 276 is up to date with all changes known to be in force on or before 21 March 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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276 Persons entitled to describe themselves as patent agents.E+W+S+N.I.

(1)An individual who is not a [F1registered patent attorney] shall not—

(a)carry on a business (otherwise than in partnership) under any name or other description which contains the words “patent agent” or “patent attorney”; or

(b)in the course of a business otherwise describe himself, or permit himself to be described, as a “patent agent” or “patent attorney”.

(2)A partnership [F2or other unincorporated body] shall not—

(a)carry on a business under any name or other description which contains the words “patent agent” or “patent attorney”; or

(b)in the course of a business otherwise describe itself, or permit itself to be described as, a firm of “patent agents” or “patent attorneys”,

unless [F3the partnership or other body is registered in the register kept under section 275].

(3)A body corporate shall not—

(a)carry on a business (otherwise than in partnership) under any name or other description which contains the words “patent agent” or “patent attorney”; or

(b)in the course of a business otherwise describe itself, or permit itself to be described as, a “patent agent” or “patent attorney”,

unless [F4the body corporate is registered in the register kept under section 275.]

(4)Subsection (3) does not apply to a company which began to carry on business as a patent agent before 17th November 1917 if the name of a director or the manager of the company who is a registered patent [F5attorney] is mentioned as being so registered in all professional advertisements, circulars or letters issued by or with the company’s consent on which its name appears.

(5)Where this section would be contravened by the use of the words “patent agent” or “patent attorney” in reference to an individual, partnership or body corporate, it is equally contravened by the use of other expressions in reference to that person, or his business or place of business, which are likely to be understood as indicating that he is entitled to be described as a “patent agent” or “patent attorney”.

(6)A person who contravenes this section commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale; and proceedings for such an offence may be begun at any time within a year from the date of the offence.

(7)This section has effect subject to—

(a)section 277 (persons entitled to describe themselves as European patent attorneys, &c.), and

(b)section 278(1) (use of term “patent attorney” in reference to solicitors).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in s. 276(1) substituted (1.1.2010) by Legal Services Act 2007 ( c. 29), ss. 208(1), 211, {Sch. 21 para. 76(a)} (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

F5Words in s. 276(4) substituted (1.1.2010) by Legal Services Act 2007 ( c. 29), ss. 208(1), 211, {Sch. 21 para. 76(b)} (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

Modifications etc. (not altering text)

C1S. 276(7)(b) amended (E.W.) (1.1.1992) by S.I. 1991/2684 arts. 2, 4, Sch.1

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