EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO. 25
Issued by the Authority of the Minister for Science, Customs and Small Business
The Statutory Rules amend the requirements for persons seeking to practise as a patent attorney. This follows the Government’s acceptance of the recommendations of the Industrial Property Advisory Committee dealing with examinations, qualifications and in-service training for persons seeking to practise as a patent attorney. The Statutory Rules also replace the prescribed forms with forms approved by the Commissioner and make minor consequential drafting changes. Details of the amendment are as follows:
Regulation 1 provides that the regulations will come into operation on 1 May 1989.
Regulation 2 cites the Patent Attorneys Regulations as the Principal Regulations.
Regulation 3 inserts a definition of an “approved form” in regulation 3.
Regulation 4 amends regulation 10, which provides for the prescribed examination, by adding new examination subject “(aa) Legal Process” and substituting new titles for examination subjects (c) and (f).
Regulation 5 inserts new regulation 10A which provides for the Patent Attorneys Professional Standards Board to exempt, on application, and issue a certificate of exemption to, a person, from having to pass the examination in a subject of the prescribed examination if the Board is satisfied that the person has passed, at a satisfactory level, an examination in a subject covering the same, or a similar, field of knowledge as the first-mentioned subject.
Regulation 6 repeals regulation 11, which specified the subjects of the prescribed examination required to be passed by legal practitioners and United Kingdom registered patent agents.
Regulation 7 repeals regulation 14 and, consequential on the amendment made in the preceding regulation, substitutes new provisions for making an application for admission as a candidate in a subject of the prescribed examination.
Regulation 8 repeals regulation 15, which prescribed the eligibility criteria for admission as a candidate in certain subjects of the prescribed examination, and substitutes new eligibility criteria consequential on the amendments made in regulations 4 and 5.
Regulation 9 amends regulation 17 by substituting “an approved form” for “Form 3”.
Regulation 10 repeals regulation 20, which prescribed the other qualifications that persons seeking to practise as a patent attorney must possess, and substitutes new requirements which have the effect of raising the minimum qualification standard required to a degree or diploma from a tertiary institution. The prescribed level of membership of professional institutions is also raised to corporate membership and the Board enabled to recognize corporate membership of professional institutions other than the two specified in the regulation.
Regulation 11 repeals regulation 20A, which provided for the issue by the Board, on application, of a certificate of technical qualifications, and substitutes new provisions consequential on the amendments made in the preceding regulation.
Regulation 12 repeals regulation 21, which prescribed the employment and period of employment necessary for persons seeking to practise as a patent attorney, and substitutes new provisions with the effect that all persons are required to complete at least one years prescribed employment with a patent attorney.
Regulation 13 amends regulation 22 consequential on the amendments made in regulations 5 and 10 and substitutes “an approved form” for “Form 4” and “Form 5”.
Regulation 14 amends regulation 23 consequential on the amendment made in regulation 6 and substitutes “an approved form” for “Form 6” and “Form 7”.
Regulation 15 amends regulation 24 by substituting “an approved form” for “Form 8”.
Regulation 16 amends regulation 31 by substituting “an approved form” for “Form 9” and makes minor consequential drafting changes.
Regulation 17 repeals Schedule 1.
Regulation 18 provides for the continued application of certain provisions of the Patent Attorneys Regulations as in force immediately before 1 May 1989, for persons who have, before 1 May 1989, passed the examination in a subject of the prescribed examination.