Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 20.10

Employment requirements

  (1)   The applicant:

  (a)   must have been employed in Australia or New Zealand, or in both countries, in a position, or positions, that provided the applicant experience in the following skills:

  (i)   searching patent records;

  (ii)   preparing, filing and prosecuting patent applications in relation to Australia and New Zealand ;

  (iii)   preparing, filing and prosecuting patent applications in relation to other countries and organisations, particularly countries and organisations that are regarded as major trading partners with Australia and New Zealand ;

  (iv)   drafting patent specifications;

  (v)   providing advice on the interpretation, validity and infringement of patents; and

  (b)   must have been employed in a position, or positions, of that kind for at least:

  (i)   2 continuous years; or

  (ii)   a total of 2 years within 5 continuous years.

Note:   Examples of major trading partners for subparagraph   ( 1)(a)(iii) are as follows:

(a)   European Union;

(b)   Japan;

(c)   People's Republic of China;

(d)   Republic of Korea;

(e)   United States of America.

  (2)   The requirements set out in subregulation   (1) must be evidenced by means of one or more statements of skill, as defined in regulation   20.11.

  (3)   For subregulation   (1), a person is employed in Australia only if the person is, in accordance with the terms of his or her employment, required to undertake (and does undertake) the duties of his or her employment in Australia.

  (4)   For subregulation   (1), a person is employed in New Zealand only if the person is, in accordance with the terms of his or her employment, required to undertake (and does undertake) the duties of his or her employment in New Zealand.

Note:   Subsection   198(4) of the Act provides that the Designated Manager must register as a patent attorney a person who satisfies certain conditions. Paragraph   1 98(4 )( c) requires that a person be employed as prescribed for not less than the prescribed period.


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