SCHEDULES
SCHEDULE 5Authorised persons
Part 2Rights during transitional period
14Patent attorneys
1
During the transitional period, every registered patent attorney is deemed to be authorised by the Chartered Institute of Patent Attorneys to carry on reserved instrument activities.
2
During that period, every authorised patent attorney is deemed to be authorised by the Chartered Institute of Patent Attorneys to administer oaths.
3
During that period, every patent attorney body is deemed to be authorised by the Chartered Institute of Patent Attorneys to carry on the activities in sub-paragraph (4).
4
Those activities are any activities which are reserved legal activities within sub-paragraph (5) and which—
a
if the body is a partnership, any partner who is a registered patent attorney is authorised to carry on;
b
if the body is a body corporate, any director who is a registered patent attorney is authorised to carry on.
5
Those activities are—
a
the exercise of a right of audience;
b
the conduct of litigation;
c
reserved instrument activities;
d
the administration of oaths.
6
The authority conferred by any of sub-paragraphs (1) to (3) is exercisable in accordance with and subject to the regulatory arrangements of the Chartered Institute of Patent Attorneys.
7
In this paragraph—
“authorised patent attorney” means a registered patent attorney who is authorised by the Chartered Institute of Patent Attorneys to carry on one or both of the following activities—
- a
the exercise of a right of audience;
- b
the conduct of litigation;
- a
“patent attorney body” means—
- a
a partnership all the partners of which are registered patent attorneys,
- b
a body corporate all the directors of which are registered patent attorneys,
- c
a partnership or body corporate which satisfies the conditions prescribed under section 279 of the Copyright, Designs and Patents Act 1988 (c. 48), or
- d
a body corporate to which section 276(4) of that Act applies;
- a
“registered patent attorney” has the meaning given by section 275(2) of that Act;
and, in the case of a patent attorney body to which section 276(4) of that Act applies, the reference in sub-paragraph (4)(b) to a director includes a reference to the manager (within the meaning of section 276(4) of that Act) of the company.