OpenLegislation

Article 9 Qualifications for registration

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to paragraph (2) below, each of the following persons shall qualify for registration under these Rules–

(a)

a person who has passed the qualifying examinations of the Institute and who has completed–

(i)

not less than two years' full-time practice in the field of intellectual property, including substantial experience in trade mark agency work, under the supervision of either a registered trade mark agent or of a barrister, solicitor or, in Scotland or the Isle of Man, an advocate, being a registered Patent Agent, barrister, solicitor or advocate who is engaged in or has substantial experience of trade mark agency work in the United Kingdom, or

(ii)

not less than four years' full-time practice in the field of intellectual property, including substantial experience in trade mark agency work in the United Kingdom;

(b)

a Fellow or an ordinary member of the Institute;

(c)

a person, being a registered patent agent, or barrister, solicitor, or in Scotland or the Isle of Man, an advocate, who has in the period of eight years immediately preceding the date he seeks to have his name entered in the register under rule 10 below completed a total of three years' practice in trade mark agency work;

(d)

a person who has in the period of eleven years immediately preceding the date he seeks to have his name entered in the register under rule 10 below completed a total of eight years of full-time practice in trade mark agency work; and

(e)

a person who passed in March 1990 the examination paper, entitled “Advanced Trade Marks Practice (T3)”, set by the Chartered Institute of Patents Agents, and–

(i)

becomes a registered patent agent before 31 December 1992, or

(ii)

passes before 31 December 1991 a special advanced trade mark examina tion paper set by the Institute pursuant to any regulations made by it under rule 8 above.

(2)

A person mentioned in sub-paragraph (b), (c) or (d) above shall not be entitled, by virtue of his qualification for registration thereunder, to have his name entered in the register under rule 10 below after the expiration of–

(a)

in the case of the person mentioned in sub-paragraph (b) above, the period of three years commencing from the operative date;

(b)

in the case of the person mentioned in sub-paragraph (c) above, the period of four years commencing from the operative date; and

(c)

in the case of the person mentioned in sub-paragraph (d) above, the period of two years commencing from the operative date.

(3)

In this rule–

  • “the operative date” means the date of the coming into force of this rule;

  • and “registered patent agent” means a person whose name is entered in the register kept under rules made under section 275 of the Copyright, Designs and Patents Act 1988f1.

Annotations

Footnotes

f1

1988 c. 48; see the Register of Patent Agents Rules 1990 (S.I. 1990/1457).