The Patent Agents (Mixed Partnerships and Bodies Corporate) Rules 1994

Statutory Instruments

1994 No. 362

PATENTS

The Patent Agents (Mixed Partnerships and Bodies Corporate) Rules 1994

Made

17th February 1994

Laid before Parliament

3rd March 1994

Coming into force

24th March 1994

The Secretary of State, in exercise of the powers conferred upon him by section 279(1), (2)(a) and (2)(b)(i) of the Copyright, Designs and Patents Act 1988(1) hereby makes the following Rules:—

1.  These Rules may be cited as the Patent Agents (Mixed Partnerships and Bodies Corporate) Rules 1994 and shall come into force on 24th March 1994.

2.  In these Rules—

“the Act” means the Copyright, Designs and Patents Act 1988;

“patent agent” means a person whose name is entered in the register kept pursuant to rules made under section 275 of the Act(2);

3.  For the purposes of section 276(2) and (3) of the Act (persons entitled to describe themselves as patent agents or patent attorneys) the conditions to be satisfied, in the case of a partnership where not all the partners are patent agents or in the case of a body corporate where not all the directors are patent agents, are—

(a) that each partner or, as the case may be, director shall be a person whose name is entered in at least one of the registers kept pursuant to rules made under sections 275 and 282 of the Act(3);

(b) that at least one-quarter of the partners or, as the case may be, the directors shall be patent agents; and

(c) where the names of any of the partners or, as the case may be, of any of the directors appear on any professional advertisement, circular or letter issued by or with the consent of the partnership or body corporate and which relates to it or its business, that each partner and director so named who is a patent agent is clearly identified as such.

Patrick McLoughlin

Parliamentary Under-Secretary of State

Department of Trade and Industry

17th February 1994

Explanatory Note

(This note is not part of the Rules)

These Rules prescribe, for the purposes of section 276 of the Copyright, Designs and Patents Act 1988, the conditions to be satisfied by mixed partnerships or bodies corporate where all the partners or, as the case may be, directors are not patent agents in order for the partnership or body corporate to carry on business under the name or any description containing the words “patent agents” or “patent attorneys”, or describe itself or permit itself to be described as such.

(1)

1988 c. 48.

(2)

See the Register of Patent Agents Rules 1990 (S.I. 1990/1457).

(3)

See the Register of Trade Mark Agents Rules 1990 (S.I. 1990/1458).