Patents Act 1990

A Register of Patent Attorneys is to be kept by the Designated Manager.

Designated Manager is defined by section 200A.

The Register of Patent Attorneys may be kept wholly or partly by use of a computer.

If the Register of Patent Attorneys is kept wholly or partly by use of a computer, references in this Act to an entry in the Register of Patent Attorneys are to be read as including references to a record of particulars kept by use of the computer and comprising the Register of Patent Attorneys or part of the Register of Patent Attorneys.

The Designated Manager must register as a patent attorney an individual who:

holds such qualifications as are specified in, or ascertained in accordance with, the regulations; and

has been employed as prescribed for not less than the prescribed period; and

is of good fame, integrity and character; and

has not been convicted of a prescribed offence during the previous 5 years; and

is not under sentence of imprisonment for a prescribed offence; and

meets any other requirements prescribed by the regulations.

A qualification specified in, or ascertained in accordance with, regulations made for the purposes of paragraph (4)(b) may consist of passing an examination conducted by the Board. This subsection does not limit paragraph (4)(b).

Paragraphs (4)(e) and (f) do not limit paragraph (4)(d).

A reference in this section to conviction of an offence includes a reference to:

the making of an order under section 19B of the Crimes Act 1914 in relation to the offence; or

the making of an order under a corresponding provision of a law of:

a State; or

a Territory; or

New Zealand;

The Designated Manager must register as a patent attorney a company that:

has at least one patent attorney director; and

has given the Designated Manager written notice in the approved form of its intention to act as a patent attorney; and

meets the requirements (if any) prescribed by the regulations.

A company registered as a patent attorney is an incorporated patent attorney.

A patent attorney director of a company is an individual who is both:

a registered patent attorney; and

a validly appointed director of the company.

It is immaterial whether a matter mentioned in:

paragraph (4)(b), (c), (d), (e), (f) or (g); or

subsection (5); or

paragraph (9)(a), (b) or (c); or

paragraph (11)(b);