Patents Act, 1978 (Act No. 57 of 1978)RegulationsPatent Regulations, 1978Chapter II : Patent agents and patent attorneysPatent agents and patent attorneys |
| 68. | There shall be kept at the office a register wherein shall be entered the full names, business addresses and dates of registration of all patent agents and patent attorneys. |
| 69. | The register kept in terms of regulation 63 of the Patent Regulations, 1962, shall be deemed to form part of the register kept in terms of regulation 68. |
| 70. | An application to be registered as a patent agent or a patent attorney shall be made on Form P17 and shall be accompanied by evidence, to the satisfaction of the registrar, that the applicant is entitled to be so registered. |
| 71. | If the registrar is satisfied that the applicant is entitled to be registered, he shall enter his name on the register of patent agents and patent attorneys and issue a certificate to this effect. |
72.
| (1) | A request for the removal from the register of the name of a patent agent or a patent attorney in terms of section 23(1)(a) of the Act shall be made on Form P18 and the applicant for removal shall provide proof to the satisfaction of the registrar that a copy of that form has been served on the South African Institute of Intellectual Property Law and on the law society concerned. If no objection is received from the Institute or the law society concerned within two weeks of the date of service of the copies on them, the registrar shall remove the name of the applicant from the register. |
| (2) | If the South African Institute of Intellectual Property Law or the law society concerned, as the case may be, gives notice of its intention to be heard, it shall serve notice, together with any documents on which it intends to rely at the hearing, on the person concerned and on the registrar. |
| (3) | The registrar shall appoint a time and date for the hearing and advise all parties concerned accordingly. |
73.
| (1) | An application by the registrar for the suspension from practice or the removal of the name of a person from the register of patent agents and patent attorneys in terms of sections 23(1)(b)(i) and 23(4)(a) of the Act shall be commenced by way of motion proceedings and copies of all relevant documents shall be served on the person concerned, the South African Institute of Intellectual Property Law and the law society concerned. |
| (2) | An application by the South African Institute of Intellectual Property Law for the suspension from practice or the removal of the name of a person from the register of patent agents and patent attorneys in terms of sections 23(1)(b)(ii) and 23(4)(b) of the Act shall be made by way of motion proceedings and copies of all relevant documents shall be served on the registrar and the law society concerned. |
| (3) | Thereafter, the procedure applicable shall be governed by the Uniform Rules of Court of the Supreme Court of South Africa, 1965. |
74.
| (1) | A patent agent or patent attorney whose name has been removed from the register or suspended from practice in terms of section 23 of the Act and who wishes to be employed, in terms of section 24(4) of the Act, in any capacity connected with the profession of a patent agent or patent attorney shall lodge an application on Form P4, which application shall be accompanied by the prescribed fee and by evidence on affidavit of the circumstances of the case and of the present character and behaviour of the person seeking to be employed. Such application shall be served on the South African Institute of Intellectual Property Law and the proof of such service shall be lodged with the registrar. If no objection is received from the Institute within one month of the service upon it of the application, the registrar may decide the matter in the absence of the Institute. |
| (2) | An agent who wishes to employ, in terms of section 24(5) of the Act, a patent agent or patent attorney whose name has been removed from the register or suspended from practice in terms of section 23 of the Act shall lodge an application on Form P4, which application shall be accompanied by the prescribed fee and by evidence on affidavit of the circumstances of the case and of the present character and behaviour of the person he wishes to employ. Such application shall be served on the South African Institute of Intellectual Property Law and the proof of such service shall be lodged with the registrar. If no objection is received from the Institute within one month of the service upon it of the application, the registrar may decide the matter in the absence of the Institute. |