Registers of Patent Agents and Clerks Rules, 1927.

S.I. No. 79/1927 - Registers of Patent Agents and Clerks Rules, 1927. STATUTORY RULES AND ORDERS. 1927. No. 79. REGISTERS OF PATENT AGENTS AND CLERKS RULES, 1927. Order made by the Minister for Industry and Commerce dated 27th September, 1927 under section 63 of the Industrial and Commercial Property (Protection) Act, 1927 Under the powers conferred by section 63 of the Industrial and Commercial Property (Protection) Act, 1927 and all other powers enabling him in that behalf, the Minister for Industry and Commerce by this Order makes the following Rules:— Short Title and Commencement. This Order may be cited as the Registers of Patent Agents and Clerks Rules, 1927, and shall come into operation on 1st October, 1927. Interpretation Act, 1923 , applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas passed after the 1st day of January, 1924. The fees payable in respect of the matters specified in the First Schedule to this Order shall be those therein mentioned. Payment of Fees. Payment of a fee or fees by any person shall be made except as hereinafter provided, by lodgment of the sum to the credit of the Paymaster-General's Supply Account at the Bank of Ireland, College Green, Dublin, or at any branch of the Bank of Ireland within Ireland, and shall be accompanied by a Receivable Order in the form to be obtained at the Office, the lower part of which when receipted by the Bank shall be presented at the Office with the application. Payment of a fee or fees by a person who, at the date of such payment, is outside Ireland shall be made by a Post Office Money Order payable to the Paymaster-General at the General Post Office, Dublin, and crossed "& Co." or by Banker's Draft or guaranteed cheque payable to the credit of the Account of the Paymaster-General and sent by post to the Office. Application for Entry in Register of Patent Agents. 5 An application for entry in the register of patent agents shall be made on the Form in the Second Schedule to this Order and shall be accompanied by the prescribed fee and shall state:— the surname, full Christian names and private address of the applicant, the nationality of the applicant, if the applicant is partner in a firm or director or manager of a company the full title and address of the firm or company, the place at which he is carrying on business or proposes to carry on business in Saorstát Eireann, and except in cases under Rule 7 (1), the educational and technical qualifications of the applicant. Application for Entry in Register of Clerks. 6 An application for entry in the register of clerks shall be accompanied by the prescribed fee and shall state:— the surname, full Christian names and private address of the applicant, the nationality of the applicant, the full name or title and address of the patent agent by whom the applicant is employed, the date of entry into such employment, the educational and any technical attainments of the applicant, and the names and addresses of two references of standing as to the personal character of the applicant, Persons Entitled to be Registered. (1) Any person, firm or company being at the date of issue of these Rules entitled to be entered in the Register of Patent Agents kept by the Chartered Institute of Patent Agents in London shall, subject to the requirements of the Act and of these Rules, be entitled to be entered in the register of patent agents. (2) Any other person who shall have satisfied the Minister that his educational and technical qualifications, his experience and his personal character are such as to render him fitted to discharge satisfactorily the professional duties of a patent agent shall be entitled to be entered in the register. (3) The Minister may prescribe an examination for the purpose of satisfying himself as to the educational and technical attainments of any applicant under the preceding paragraph and the standard of attainment necessary to qualify and the fee to be paid for such examination. (4) The Controller shall decide whether the name of an applicant for entry in the register of clerks shall be entered therein, and in any case of refusal of entry there shall be a right of appeal to the Minister, whose decision shall be final and no fees shall be payable in relation to such appeal. Entry in Register. The entry in the register shall include the full name and private and business addresses of the person registered, his qualification for entry, the date of the registration, and such other particulars as the Controller may deem desirable. Publication of Entries in Registers. The Controller shall publish in the Official Journal of Industrial and Commercial Property the particulars of every entry in the registers, and shall so publish before the end of March in each year a list in alphabetical order of the names entered in the registers. 10 Failure to Pay Annual Registration Fee. 10 The prescribed annual fee in respect of each registration shall be payable before the end of November in each year in respect of the following year, and if it shall not be paid within one month from that date the Controller shall send to the registered person at his registered address a notice requiring him to pay the fee on or before a date to be mentioned in the notice, and in the case of failure to pay the fee within the time specified the Minister may cause the name of the registered person to be erased from the register. 11 Erasure of Name of Clerk deceased or who has ceased to serve as Clerk to a Patent Agent. 11 The Controller may remove from the register the name of any registered clerk deceased or who has ceased to serve as clerk to a patent agent, but in the case of a person who has ceased so to serve the name shall not be erased without the consent of the registered clerk concerned unless he shall have been given an opportunity of being heard. 12 Erasure of Name of Clerk for Criminal or Discreditable Conduct. 12 If any registered clerk shall have been criminally convicted or shall have been proved to the satisfaction of the Controller guilty of discreditable conduct his name may be erased from the register, or the Controller may refuse to recognise him as clerk in any transactions under the Act for such period as he may think fit and may make an entry to that effect in the register, but no such action shall be taken without the registered clerk being given an opportunity of being heard. 13 Appeal to Minister. 13 Any decision of the Controller under Rule 11 or 12 shall be subject to an appeal to the Minister. 14 Reinstatement by Controller. 14 Any name or matter erased from the register on any decision of the Controller under these Rules may be reinstated by him on such conditions and subject to the payment of such fee as he may decide, provided however that any such fee for the reinstatement of a name previously on the register shall not exceed the registration fee. 15 Erasure and Reinstatement of Entries by the direction of the Minister. 15 The Minister may direct that any entry in the register which he is satisfied has been incorrectly or fraudulently made shall be erased, and in any case in which he thinks fit may direct that any name or matter erased on his directions from the register shall be reinstated subject to such conditions and the payment of such fee as he shall direct, provided however that such fee shall not exceed the registration fee. IN WITNESS WHEREOF the Minister for Industry and Commerce has caused his seal to be hereunto affixed this twenty-seventh day of September, 1927. GORDON CAMPBELL, Secretary, Department of Industry and Commerce. The Minister for Finance hereby sanctions Rules Nos. 3 and 4. J. J. McELLIGOTT, Secretary, Department of Finance. FIRST SCHEDULE. List of fees payable in connection with entries in the register of patent agents and the register of clerks. l. On application for entry in the register of patent agents ... ... ... ... ... ... ... 2. For entry in register of patent agents ... ... ... 3. Annual fee for registration as patent agent payable before 30th November in each year in respect of the following year ... ... ... ... 4. On application for entry in the register of clerks (including fee for entry) ... ... ... ... ... ... 5. Annual fee for registration as clerk payable before 30th November in each year in respect of the following year... ... ... ... ... ... ... ... Dated this twenty-seventh day of September, 1927. GORDON CAMPBELL, Secretary, Department of Industry and J. J. McELLIGOTT, Secretary, Department of Finance. SECOND SCHEDULE. Form of Application for Entry in the Register of Patent Agents. 1. I, ............................................................ ............................................................ . of ............................................................ ............................................................ .......... being a ..................... subject apply for the entry of my name in the Register of Patent Agents in Saorstát Eireann. 2. I am Director in the company of........... ............................................................ ............................................................ ..................carrying on business at ............................................................ ............................................................ ............................................................ ............................................................ . 3. I propose if entered in the Register to carry on the business of Patent Agent at............... ................................................ in Saorstát Eireann. 4. The following are complete statements of: (1) my educational and technical qualifications............................................................ .. ............................................................ ............................................................ .................. ............................................................ ............................................................ .................. ............................................................ ............................................................ .................. (2) my professional experience ............................................................ ........................ ............................................................ ............................................................ .................. ............................................................ ............................................................ .................. ............................................................ ............................................................ .................. ............................................................ ............................................................ .................. 5. The following are the names of three references of standing as to my personal character: ............................................................ ............................................................ ..................... ............................................................ ............................................................ ..................... ............................................................ ............................................................ ..................... ............................................................ ............................................................ ..................... 6. I enclose a Money Order for the fee of One Guinea (£1 1s. 0d.) or evidence of payment thereof. Dated the ...................................... day of ................................................. 19 .......... Signed............................................................ ............................ To the Controller of Industrial and Commercial Property, 45 Merrion Square, Dated the twenty-seventh day of September, 1927. GORDON CAMPBELL, Secretary, Department of Industry and