Page images
PDF
EPUB

who were

published

be, once every year, printed, under their direction, and pubannually, and to be

lished and placed on sale. Such correct copy shall, in the year evidence of 1889, be printed and published at as early a date as is possible, contents of register.

and in every year subsequent to the year 1889, shall be printed and published on the 31st day of January. A copy of the register for the time being purporting to be so printed and published shall be admissible as evidence of all matters stated therein, and the absence of the name of any person from the register shall be evidence, until the contrary is made to appear,

that such person is not registered in pursuance of the Act. Registrar. 4. The institute shall appoint a registrar, who shall keep

the register in accordance with the provisions of the Act and these rules, and, subject thereto, shall act under the directions

of the institute, and the Board of Trade. Registration 5. A person who is desirous of being registered in pursuance of persons of the Act, on the ground that prior to the passing of the Act patent agents he had been bond fide practising as a patent agent, shall prior to the

produce or transmit to the Board of Trade a statutory declapassing of this Act. ration in the Form 2 in Appendix A. ; provided that the Board

of Trade may in any case in which they shall think fit, require further or other proof that the person had prior to the passing of the Act been bona fide practising as a patent agent. Upon the receipt of such statutory declaration or of such further or other proof to their satisfaction as the case may be, the Board of Trade shall transmit to the registrar a certificate that the person therein named is entitled to be registered in pursuance of the Act, and the registrar shall on the receipt of such certificate cause the name of such person to be entered in the

register. Final quali- 6. Subject to the provisions of the Act in favour of every fying exainination for

person who proves to the satisfaction of the Board of Trade registration. that prior to the passing of the Act he had been bonâ fide

practising as a patent agent, no person shall be entitled to be registered as a patent agent unless he has passed, and produces or transmits to the registrar a certificate under the seal of the institute that he has passed, such final examination as to his knowledge of patent law and practice and of the duties of a patent agent as the institute shall from time to time

prescribe. Exemption 7. Any person who has been for at least seven consecutive of pupils

years continuously engaged as a pupil or assistant to one or and assist

ants from more registered patent agents, and any person for the time

preliminary being entitled to practise as a solicitor of the Supreme Court of examination. Judicature in England or Ireland, or as a law agent before the Court of Session in Scotland, shall be entitled to be registered without passing any examination other than the final examination provided for in the last preceding rule. The registrar shall before registering the name of any such person as a patent agent (in addition to the final examination certificate) require proof satisfactory to the registrar that such person has been for at least seven consecutive years continuously engaged as such pupil or assistant, or is entitled to practise as such solicitor or

law agent.

8. Any person who is not qualified under Rule 7 must, in Qualifications order to be entitled to present himself for the final qualifying generally for

of persons examination, be

registration. A person who has passed one of the preliminary examinations

mentioned in Appendix B., or such other examination as
the institute shall, with the approval of the Board of

Trade, by regulation prescribe. 9. The institute shall hold at least once in the year, com- Final quali: mencing with the 1st day of July, 1889, and in every other tions to be

fying examina succeeding year, a final qualifying examination, which shall be held by the the final qualifying examination required under Rules 6 and institute. 7 ; and the institute shall, subject to these rules, have the entire management and control of all such examinations, and may from time to time make regulations with respect to all or any of the following matters, that is to say, (a) The subjects for and the mode of conducting the exam

ination of candidates ; (6) The times and places of the examinations, and the

notices to be given of examinations ; (c) The certificates to be given to persons of their having

passed the examinations ; (d) The appointment and removal of examiners, and the

remuneration, by fees or otherwise, of the examiners so

appointed ; and
(@) Any other matter or thing as to which the institute may

think it necessary to make regulations for the purpose of
carrying out this rule.

1

1

462

APPENDIX C.

Corrections 10. The registrar shall from time to time insert in the
of names and
addresses in

register any alteration which may come to his knowledge in
register. the name or address of any person registered.
Erasure of

11. The registrar shall erase from the register the name of names of deceased any registered person who is dead. persons.

12. The registrar may erase from the register the name of Erasure of names of

any registered person who has ceased to practise as a patent persons who agent, but not (save as hereinafter provided) without the conhave ceased to sent of that person. practise.

For the purposes of this rule the registrar may send by post to a registered person to his registered address a notice inquiring whether or not he has ceased to practise or has changed his residence, and if the registrar does not within three months after sending the notice receive an answer thereto from the said person, he may, within fourteen days after the expiration of the three months, send him by post to his registered address another notice referring to the first notice, and stating that no answer has been received by the registrar ; and if the registrar either before the second notice is sent receives the first notice back from the Dead Letter Office of the Postmaster-General, or receives the second notice back from that office, or does not within three months after sending the second notice receive any answer thereto from the said person, that person shall, for the purposes of this rule, be deemed to have ceased to practise, and his name may be erased

accordingly. Erasure of 13. If any registered person shall not, within one month naine for

from the day on which his annual registration fee becomes
non-payment
of fees. payable, pay such fee, the registrar may send to such registered

person to his registered address a notice requiring him, on or
before a day to be named in the notice, to pay his annual
registration fee; and if such registered patent agent shall not
within one month from the day named in such notice, pay the
registration fee so due from him, the registrar may erase his
name from the register : Provided that the name of a person
erased from the register nnder this rule may be restored to the
register by direction of the institute or the Board of Trade on
payment by such person of the fee or fees due from him,
together with such further sum of money, not exceeding in
amount the annual registration fee, as the institute or the

to act on

names of persons con

found

Board of Trade (as the case may be) may in each particular case direct (a).

14. In the execution of his duties the registrar shall, subject Registrar to these rules, in each case act on such evidence as appears to

evidence. him sufficient. 15. The Board of Trade may order the registrar to erase Erasure of

incorrect or from the register any entry therein which is proved to their fraudulent satisfaction to have been incorrectly or fraudulently inserted. entries.

16. If any registered person shall be convicted in her Erasure of Majesty's dominions or elsewhere of an offence which, if committed in England, would be a felony or misdemeanor, or victed of

crimes, and after due inquiry, is proved to the satisfaction of the Board of persons Trade to have been guilty of disgraceful professional conduct, guilty of dis

graceful or having been entitled to practise as a solicitor or law agent conduct. shall have ceased to be so entitled, the Board of Trade may order the registrar to erase from the register the name of such person. Provided that no person shall be adjudged by the Board of Trade to have been guilty of disgraceful professional conduct unless such person has received notice of, and had an opportunity of defending himself from, any charge brought against him. 17.-(1) Where the Board of Trade direct the erasure from Restoration

of erased the register of a name of any person, or of any other entry, the name of the person or the entry shall not be again entered in the register, except by order of the Board of Trade.

(2) The Board of Trade may in any case in which they think fit restore to the register any name or entry erased therefrom either without fee, or on payment of such fee, not exceeding the registration fee, as the Board of Trade may from time to time fix, and the registrar shall restore the name accordingly.

(3) The name of any person erased from the register at the request or with the consent of such person shall, unless it might, if not so erased, have been erased by order of the Board of Trade, be restored to the register by the registrar on his application and on payment of such fee, not exceeding the registration fee, as the institute shall from time to time fix.

name.

(a) The Chartered Institute of Patent Agents v. Lockwood, 10 P. O. R. 167; 11 P. O. R. 374.

Inquiry by 18. For the purpose of exercising in any case the powers of
Board of
Trade before erasing from and of restoring to the register the name of a
erasu re of

person, or an entry, the Board of Trade may appoint a comname from register. mittee consisting of such persons as they shall think fit.

Every application to the Board of Trade for the erasure from, or restoration to the register of the name of any patent agent shall be referred for hearing and inquiry to the committee, who shall report thereon to the Board of Trade, and a report of the committee shall be conclusive as to the facts for the purpose of

the exercise of the said powers by the Board of Trade. Appeal to 19. Any person aggrieved by any order, direction, or refusal Board of Trade.

of the institute or registrar may appeal to the Board of Trade. Notice of 20. A person who intends to appeal to the Board of Trade appeal. under these rules (in these rules referred to as the appellant)

shall, within fourteen days from the date of the making or giving of the order, direction, or refusal complained of, leave at the office of the institute a notice in writing signed by him

of such his intention. Case on

21. The notice of intention to appeal shall be accompanied appeal.

by a statement in writing of the grounds of the appeal, and of

the case of the appellant in support thereof. Transmis.' 22. The appellant shall also immediately after leaving his sion of notice notice of appeal at the institute send by post a copy thereof of appeal to Board of Trade. with a copy of the appellant's case in support thereof addressed

to the Secretary of the Board of Trade, 7 Whitehall Gar

dens, London. Directions as

23. The Board of Trade may thereupon give such directions to hearing of (if any) as they may think fit for the purpose of the hearing of appeal.

the appeal. Notice of

24. Seven days' notice, or such shorter notice as the Board hearing of of Trade may in any particular case direct, of the time and appeal.

place appointed for the hearing of the appeal, shall be given to

the appellant and the institute and the registrar. Hearing and

25. The appeal may be heard by the president, a secretary, decision of or an assistant secretary of the Board of Trade, and the appeal.

decision and order thereon of the president, secretary, or assistant secretary, as the case may be, shall be the decision of the Board of Trade on such appeal. On the appeal such decision may be given or order made in reference to the subjectmatter of the appeal as the case may require.

« PreviousContinue »