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—

    1. a

      the exercise of a right of audience;

    2. b

      the conduct of litigation;

  • “patent attorney body” means—

    1. a

      a partnership all the partners of which are registered patent attorneys,

    2. b

      a body corporate all the directors of which are registered patent attorneys,

    3. 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

    4. d

      a body corporate to which section 276(4) of that Act applies;

  • “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.