Administration of Justice Act 1985

60 Proceedings in connection with European patents

(1) The [1977 c. 37.] Patents Act 1977 shall be amended as follows.

(2) In section 84 (restriction on acting as agent etc. in connection with European patents)—

(a) in subsection (1), after " proceedings " there shall be inserted " in relation to applications for or otherwise"; and

(b) after subsection (3) there shall be inserted—

“(3A) In so far as it imposes any prohibition in relation to the business of acting as agent of other persons for the purpose of conducting proceedings before the comptroller in connection with European patents (UK) to which section 77(1) above for the time being applies—

(a) subsection (1) above does not apply to any individual who carries on such a business alone if he is registered as a patent agent in the register of patent agents, or to an individual who carries on such a business in partnership if he and each of his partners is so registered; and

(b) subsection (3) above does not apply to any body corporate which satisfies the condition specified in paragraph (a) or (b) of section 114(2) below (as the case may require).”.

(3) In section 102(2) (right of audience in patent proceedings), for " under any such treaty or convention," there shall be substituted " in relation to applications for, or otherwise in connection with, European patents,".

(4) In section 114 (restrictions on practice as patent agent), after subsection (2) there shall be inserted—

“(2A) Notwithstanding the definition of " patent agent " in section 130(1) below, subsections (1) and (2) above do not impose any prohibition in relation to the business of acting as agent for other persons for the purpose of conducting proceedings before the comptroller in connection with European patents (UK) to which section 77(1) above for the time being applies.”,

(5) In section 130(1) (interpretation), in the definition of " patent agent", for " in connection with such patents before the comptroller; " there shall be substituted " before the comptroller—

(a) in relation to applications for, or otherwise in connection with, such patents, or

(b) in connection with European patents (UK) to which section 77(1) above for the time being applies;".

(6) The amendment specified in subsection (2) (a) of this section shall also be made in paragraph 10A of Schedule 4 to the [1973 c. 41.] Fair Trading Act 1973 and in paragraph 10A of Schedule 1 to the [1976 c. 34.] Restrictive Trade Practices Act 1976 (excluded services for purposes of provisions of those Acts).