Patents Act, 1992
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Patent agents and other representatives. |
125.—(1) A person acting for gain shall not, either alone or in partnership with any other person, practise, describe himself or hold himself out as being, or as carrying on the business of agent or other representative of other persons for the purpose of applying for or obtaining European patents or for the purpose of conducting proceedings in connection with such patents before the European Patent Office, unless he satisfies the condition that his name and that of each of his partners appears on the European list. | |
(2) Subsection (1) shall not be construed as prohibiting a barrister or solicitor from appearing or taking part in proceedings before the European Patent Office which correspond to proceedings in which by virtue of section 93 or 106 he is entitled to appear or take part. | ||
(3) A company acting for gain shall not practise, describe itself or hold itself out or permit itself to be described or held out as agent or other representative of other persons for any purpose mentioned in subsection (1) unless permitted to do so under the European Patent Convention. | ||
(4) Any person who contravenes subsection (1) or (3) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 in the case of a first offence, and in the case of a second or subsequent offence, £1,000. | ||
(5) A person who does any act mentioned in subsection (1) but satisfies the condition mentioned in that subsection shall not be treated as contravening section 106 so long as he does not without qualification describe himself as a patent agent and does not hold himself out, or permit himself to be held out, as carrying on any business other than the one mentioned in that subsection. | ||
(6) The Controller may refuse to recognise as agent or other representative for the purposes of applying for European patents any person who does not satisfy the conditions mentioned in subsection (1) and does not fall within the exception in subsection (2). |