Acting or holding out without being registered
201 Acting or holding out without being registered
Individuals
An individual commits an offence if:
the individual carries on business, practises or acts as a patent attorney; and
the individual is not a registered patent attorney or a legal practitioner.
Penalty: 30 penalty units.
An individual commits an offence if:
the individual describes himself or herself, or holds himself or herself out, or permits himself or herself to be described or held out, as a patent attorney or agent for obtaining patents; and
the individual is not a registered patent attorney.
Penalty: 30 penalty units.
Partnerships
A member of a partnership commits an offence if:
the member carries on business, practises or acts as a patent attorney; and
none of the members of the partnership is a registered patent attorney or a legal practitioner.
Penalty: 30 penalty units.
A member of a partnership commits an offence if:
the member describes the partnership, or holds the partnership out, or permits the partnership to be described or held out, as a patent attorney, or agent for obtaining patents; and
none of the members of the partnership is a registered patent attorney.
Penalty: 30 penalty units.
Companies
A company commits an offence if:
the company carries on business, practises or acts as a patent attorney; and
the company is not a registered patent attorney or incorporated legal practice.
Penalty: 150 penalty units.
A company commits an offence if:
the company describes itself, or holds itself out, or permits itself to be described or held out, as a patent attorney, or agent for obtaining patents; and
the company is not a registered patent attorney.
Penalty: 150 penalty units.
Exception—legal representatives
Subsections (1), (3) and (5) do not apply in relation to the business of a registered patent attorney who is deceased if the business:
is carried on, within 3 years of the death of the patent attorney, or such further time allowed by a prescribed court, by the legal representative of the deceased registered patent attorney; and
is managed by a registered patent attorney on behalf of the legal representative.
The defendant bears an evidential burden in relation to the matters in subsection (7). See subsection 13.3(3) of the Criminal Code.
Exception—employees
Subsections (1) and (2) do not apply in relation to anything done by a person, as an employee, for:
his or her employer; or
if the person’s employer is a member of a related company group—another member of the group.
The defendant bears an evidential burden in relation to the matters in subsection (8). See subsection 13.3(3) of the Criminal Code.
Exception—related company groups
Subsections (5) and (6) do not apply in relation to anything done by a member of a related company group for another member of the group.
The defendant bears an evidential burden in relation to the matter in subsection (9). See subsection 13.3(3) of the Criminal Code.
Whether a company is related to another company
For the purposes of this section, the question of whether a company is related to another company is to be determined in the same manner as that question is determined under the Corporations Act 2001.
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