Notice of appeal. Requisites of notice of appeal. Copies of notice of appeal to be sent. Comptroller to RULES REGULATING THE PRACTICE AND PROCEDURE I. When any person intends to appeal to the law officer from a decision of the Comptroller in any case in which such appeal is given by the Act, he shall within 14 days from the date of the decision appealed against file in the Patent Office, a notice of such his intention. II. Such notice shall state the nature of the decision appealed against, and whether the appeal is from the whole, or part only, and if so, what part of such decision. III. A copy of such notice of intention to appeal shall be sent by the party so intending to appeal to the Chief Clerk, Law Officers' Department, at Room 549, Royal Courts of Justice, London; and when there has been an opposition before the Comptroller, to the opponent or applicant as the case may be. IV. Upon notice of appeal being filed, the Comptroller shall transmit papers forthwith transmit to the Chief Clerk, Law Officers' Department, all the papers relating to the matter of the application in respect of which such appeal is made. to law officers' clerk. Notice of appeal not given in specified time. Seven days' notice of hearing. To whom V. No appeal shall be entertained of which notice is not given within 14 days from the date of the decision appealed against, or such further time as the Comptroller may allow, except by special leave upon application to the law officer. VI. Seven days' notice, at least, of the time and place appointed for the hearing of any appeal, shall be given by the Chief Clerk, Law Officers' Department, unless special leave be given by the law officer that any shorter notice be given. VII. Such notice shall in all cases be given to the Comptroller notice of hear- and the appellant; and, when there has been an opposition ing is to be before the Comptroller, to the opponent or applicant, as the case may be. given. Evidence. Crossexamination. Conduct money. Amount of costs to be fixed. VIII. The evidence used on appeal to the law officer shall be the same as that used at the hearing before the Comptroller; and no further evidence shall be given, except with the leave of the law officer upon application for that purpose. IX. The law officer shall at the request of either party, order the attendance at the hearing on appeal, for the purpose of being cross-examined, of any person, who has made a declaration, in the matter to which the appeal relates, unless in the opinion of the law officer, there is good ground for not making such order. X. Any person requiring the attendance of a witness for crossexamination shall tender to the witness whose attendance is required a reasonable sum for conduct money. XI. Where the law officer orders that costs shall be paid by any party to another, he may fix the amount of such costs, and if he shall not think fit to fix the amount thereof, he shall direct by whom and in what manner the amount of such costs shall be ascertained. XII. If any costs so ordered to be paid be not paid within Order for pay14 days after the amount thereof has been so fixed or ascertained ment of costs. or such shorter period as shall be directed by the law officer, the party to whom the costs are to be paid may apply to the law officer for an order for payment under the provisions of section 40 of the Act. XIII. All documentary evidence required, or allowed by the Documentary law officer to be filed, shall be subject to the same regulations, in evidence. all respects, as apply to the procedure before the Comptroller, and shall be filed in the Law Officers' Department, unless the law officer shall order to the contrary. or other docu XIV. Any notice or other document required to be given to Sending notice the Chief Clerk, Law Officers' Department, under these Rules, may ments by post. be sent by a prepaid letter through the post. John L. Walton, Attorney-General. Law Officers' Department, 11 December, 1907. W. S. Robson, Solicitor-General. Register to be kept. Contents of Printed copies to be published annually, and to be evidence of contents of Register. Registrar. STATUTORY RULES AND ORDERS, 1908. No. 951. REGISTER OF PATENT AGENTS RULES, 1908. DATED By virtue of the provisions of the Patents and Designs Act, 1907, hereinafter referred to as the Act, the Board of Trade, hereinafter referred to as the " Board," do hereby make the following Rules : 1. These Rules may be cited as the Register of Patent Agents Rules, 1908. 2. A Register of Patent Agents shall be kept by the Chartered Institute of Patent Agents (hereinafter called the Institute), subject to the provisions of these Rules and to the Orders of the Board, for the registration of patent agents in pursuance of Section 84 of the Act. The Register of Patent Agents existing at the commencement of the Act shall be incorporated with and form part of the Register of Patent Agents under the Act. 3. The Register shall contain in one list all patent agents who are registered under the Act and these Rules. Such list shall be made out according to the surnames of the registered persons, and shall also contain the full name of each registered person, with his address, the date of registration, and a mention of any honours, memberships, or other additions to the name of the registered person which the Council of the Institute may consider worthy of mention in the Register. The Register shall be in the Form 1 in Appendix A., with such variations as may be required. 4. The Institute shall cause a correct copy of the Register, but with the names arranged alphabetically, to be printed under their direction and published and placed on sale. Such correct copy shall be printed and published not later than the end of February in each year. 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 or any Act repealed by the Act. 5. The Institute shall continue in office or 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. were patent agents prior to this Act. 6. A person who is desirous of being registered in pursuance of Registration of the Act, on the ground that prior to the 24th day of December, persons who 1888, he had been bona fide practising as a patent agent, shall produce or transmit to the Board a statutory declaration in the the passing of Form 2 in Appendix A.; provided that the Board 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 bonâ fide practising as a patent agent. Upon the receipt of such statutory delaration, or of such further or other proof to their satisfaction, as the case may be, the Board 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. tion for 7. Subject to the provisions of the Act in favour of every person Final qualifywho proves to the satisfaction of the Board that prior to the 24th ing examinaday of December, 1888, he had been bonâ fide practising as a patent registration. 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. 8. Any person who has been for at least five years engaged as a Exemption of pupil or technical assistant to one or more registered patent agents, assistants from pupils and and any person for the time being entitled to practise as a Solicitor preliminary of the Supreme Court of Judicature in England or Ireland, or as a examination. 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. of persons generally for registration. 9. Any person who is not qualified under Rule 8 must, in Qualifications order to be entitled to present himself for the final qualifying examination, be— A person who has passed one of the preliminary examinations which the Institute shall by regulation prescribe. 10. The Institute shall hold at least once in every year, a final Final qualifyqualifying examination, which shall be the final qualifying examina- ing examination required under Rules 7 and 8; and the Institute shall, subject held by the to these Rules, have the entire management and control of all such Institute. 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 examination of candidates; (b.) The times and places of the examinations, and the notices (c.) The certificates to be given to persons of their having (d.) The appointment and removal of examiners, and the (e.) Any other matter or thing as to which the Institute may tions to be Correction of names and addresses in Register. Erasure of names of deceased persons. Erasure of names of persons who have ceased to practise. Erasure of name for non-payment of fees. Registrar to act on evidence. Erasure of incorrect or fraudulent entries. Erasure of names of persons convicted of crimes, and persons found guilty of disgraceful conduct. 11. The Registrar shall from time to time insert in the Register any alteration which may come to his knowledge in the name and address of any person registered. 12. The Registrar shall erase from the Register the name of any registered person who is dead. 13. The Registrar may erase from the Register the name of any registered person who has ceased to practise as a patent agent, but not (save as hereinafter provided) without the consent of that person. 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 purpose of this Rule, be deemed to have ceased to practise, and his name may be erased accordingly. 14. If any registered person shall not, within one month from the day on which his annual registration fee becomes 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 under this rule may be restored to the Register by direction of the Institute or the Board 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 Board (as the case may be) may in each particular case direct. 15. In the execution of his duties the Registrar shall, subject to these Rules, in each case act on such evidence as appears to him sufficient. 16. The Board may order the Registrar to erase from the Register any entry therein which is proved to their satisfaction to have been incorrectly or fraudulently inserted. 17. If any registered person shall be convicted in His Majesty's dominions or elsewhere of an offence which, if committed in England, would be a felony or misdemeanor, or after due inquiry, is proved to the satisfaction of the Board to have been guilty of disgraceful professional conduct, or having been entitled to practise as a Solicitor or Law Agent shall have ceased to be so entitled, the Board may order the Registrar to erase from the Register the name of such person. Provided that no person shall be adjudged by the Board to have been guilty of disgraceful professional |