Register of Patent Agents Rules, 1992

JurisdictionIreland
Year1992
CitationIR SI 180/1992

S.I. No. 180 of 1992.

REGISTER OF PATENT AGENTS RULES, 1992.

ARRANGEMENTS OF RULES.

Rule

1. Citation and commencement.

2. Interpretation.

3. Fees.

4. Method of payment of fees.

5. Application for entry in register of patent agents.

6. Consideration of applicants.

7. Qualifications.

8. Entry in register of patent agents.

9. Publication of entries in register.

10. Annual registration fee.

11. Request for removal from register.

12. Removal from register on death.

13. Notice to Controller of application to the Court under section 108 (4).

14. Action following decision of Court.

15. Restoration to register.

16. Alteration of address.

17. Revocations.

S.I. No. 180 of 1992.

REGISTER OF PATENT AGENTS RULES, 1992.

I, DESMOND O'MALLEY, Minister for Industry and Commerce, in exercise of the powers conferred on me by sections 109 and 114 of the Patents Act, 1992 (No. 1 of 1992), hereby make the following Rules:

1 Citation and commencement.

1. (1) These Rules may be cited as the Register of Patent Agents Rules, 1992.

(2) These Rules shall come into operation on such day as the Minister appoints under section 1 (2) for the commencement of the Act.

2 Interpretation.

2. In these Rules "the Act" means the Patents Act, 1992 .

3 Fees.

3. The fees to be paid in relation to the registration ofpatent agents shall be those specified in the Schedule to these Rules.

4 Method of payment of fees.

4. (1) Payment of a fee or fees by any person shall be made by cheque payable to the Minister for Industry and Commerce and crossed "& Co.", guaranteed to the satisfaction of the Controller, drawn on any bank carrying on business in the State and presented at the Office with the application or the matter to which it relates.

(2) Any fee or fees paid at the Office not exceeding £50 may be paid in cash.

(3) Fees shall be payable in the currency of the State.

5 Application for entry in register of patent agents.

5. An application for entry in the register of patent agents shall be made in writing to the Controller, and shall be accompanied by the prescribed fee, and shall state—

( a ) the full name and private address of the person making the application and the name or style under which the person proposes to carry on business as a patent agent (if other than his full name) or, if the application is by a partnership, the name or style under which the partnership proposes to carry on business as a patent agent, together with the full name of each partner,

( b ) the address at which the person proposes to carry on business as a patent agent,

( c ) the date of birth and the nationality of the person or, if the application is by a partnership, the date of birth and nationality of each partner,

( d ) if the person is a member of a partnership, the full name or style and the address of the partnership,

( e ) full particulars of the education and professional qualifications of the person, including the name of any registered patent agent by whom the person has been employed and the duration of such employment,

( f ) the names and addresses of three references to whom inquiries about the person's personal character may be made,

( g ) in the case of any application by a partnership, that each partner is registered as a patent agent.

6 Consideration of applicants.

6. (1) An application in accordance with Rule 5 of these Rules shall be considered by a board consisting of the person who is the Controller for the time being, and such other persons as may be nominated for the purpose by the Minister.

(2) The board shall consider the fitness of the applicant to perform the professional duties of a patent agent in the light of the educational and professional qualifications which the applicant possesses. If the board is in doubt as to the fitness of the person making the application, it may require the person to undergo written or oral examinations or tests in such subjects as it considers necessary. The board may allow exemptions in respect of particular subjects on the basis of the results achieved at previous examinations in those subjects.

(3) The board shall fix the time and place for the holding of any test or examination, shall appoint examiners to conduct examinations or tests and shall make such other arrangements as may be necessary in relation to such tests or examinations.

(4) The consideration of applications, including the holding of any necessary tests or examinations, shall be carried out as expeditiously as is...

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