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Rules On Professional Patent Attorneys Register Content, Register Maintenance Procedures And Patent Attorney Qualifying Examination Procedures

Original Language Title: Noteikumi par profesionālo patentpilnvaroto reģistra saturu, reģistra uzturēšanas kārtību un patentpilnvaroto kvalifikācijas eksāmena kārtību

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Cabinet of Ministers Regulations No. 317 in Riga in 2011. April 26 (Mon. No 27 16) rules on professional patent attorneys register content, register maintenance procedures and patent attorney qualifying examination procedures Issued under the Patent Act article 26, third and fourth subparagraphs of paragraph 4 lays down the rules: 1 1.1. professional patent attorneys register (hereinafter register) record to be content;
1.2. the maintenance of the register;
1.3. the order in which the State fee payable for the amendment in the register, and the said fees;
1.4. professional patent attorney (hereinafter patent attorney) qualifying examination (hereinafter examination);
1.5. the order in which the State fee payable for the exam, and that sort of fee.
2. maintenance of the registry provides Patent Management Board. In the electronic register.
3. the register shall include the particulars of the patent, if he has passed the exam. Registry entry: 3.1. Patent Attorney name, surname and personal code (if it is not, the date of birth);
3.2. Patent Attorney registration number;
3.3. citizenship;
3.4. the exam date and sort relevant specialization;
3.5. address for correspondence;
3.6. details of removal from the register of patent attorneys Patent law, article 26 of the sixth part of the cases.
4. the Patent shall inform the Patent Office for the necessary amendment in the register.
5. the rate of the State fee for amendment of the register are five lats. The State fee before receiving the service pays the credit institution or other institution that has the right to provide payment services. The State fees collected off the State budget. The State fee is not charged if the amendments made in the register in accordance with this section and the provisions of 3.6 due to a patent attorney last name or first name.
6. the Exam is held twice a year, in May and November. Information on the date of the examination Board of the Patent on its public website on the internet no later than one month before the exam. An applicant who wants to sort the exam, submit a Patent application to the Board on March 1 (exam in May to sort) or until 1 September (exam in November to sort).
7. Each year, before 15 January Patent Board Director by order approve the exam Commission (hereinafter the Commission). The Commission shall consist of three representatives of the Board of patents and three patentpilnvaroto. The Commission from among the members of the Commission shall elect its Chairman. Duties of the Secretary of the Commission, the Board of Directors of the Patent, designate. The Secretary of the Commission shall submit to the Ministry of justice a certified copy of the order.
8. the Commission examined the applicant's patent attorney (hereinafter the applicant) submissions and documents in accordance with the provisions of paragraph 10, shall prepare and approve the exam program and tickets and take the exam.
9. the Commission's meetings are closed. Commission decisions shall be taken by majority vote, a vote. If the vote splits on the casting vote of the Chairman of the Commission.
10. An applicant who wants to sort the exam, submit the application to the Patent Office (annex 1) together with the documents certifying the person's eligibility for inclusion in the register in accordance with article 26 of the law of patents. In the application the applicant shall specify one or more specializations in which he wants to sort the exam: 10.1 patents;
10.2.;
10.3. Design.
11. the Commission within 10 working days of the application and the applicant documents attached to the end of the period for submission of the application and verify that the information in the attached documents confirms that the persons concerned are eligible for inclusion in the register in accordance with the Patent law.
12. If the application and the applicant documents information confirming the applicant's eligibility for his inclusion in the register, the Commission shall take a decision to allow applicants to arrange an exam. The Secretary of the Commission, that decision, no later than the next working day shall notify the applicant orally or electronically and within three working days, send a notice to the address of the applicant.
13. If the applicant in the application and the documents attached thereto, information does not verify the applicant's eligibility for his inclusion in the register, the Commission shall take a decision on the required additional information or documents. The Secretary of the Commission within three working days, send a notice to the address of the applicant and shall inform the applicant of the right month to submit additional information or documents required.
14. If the applicant is not made within the time limit for additional information or documents required, the Commission shall take a decision on the refusal to allow the applicant to arrange an exam. The Secretary of the Commission within three working days, send to the applicant a reasoned refusal to the specified address.
15. The denial of permission to organize the exam the applicant can contest a month, submitting the application to the Director of the Patent Office.
16. the exam venue and time, inform the applicant of the Commission Secretary at least 10 working days before the exam.
17. The Patent Office is responsible for the organisation and its examination of technical security.
18. the Patent application Examination Board public their homepage on the internet until 1 April (exam in May to sort) and up to 1 October (exams in November to sort).
19. the examination of the applicant is assessed the knowledge and skills required in professional patent attorneys.
20. in accordance with the freedom of information act information related to examination paper evaluation process, are considered to be limited by the availability of information, and it can be consulted only with the written permission of the Commission.
21. the examination of the applicant shall not less than two-thirds of the members of the Commission, including the Chairman of the Commission.
22. The applicant, upon arriving for the exam, the Commission presented identity documents that contains indication of nationality, and proof of the sort state exam fees.
23. the duty rate for the State exam in a specialization in one sort of 50 lats. The State fee paid by the applicant before the exam with a credit institution or other institution that has the right to provide payment services. The State fees collected off the State budget. If the applicant has not appeared for the exam, the State fee shall not be refunded.
24. the progress of the Examination room may be applicants, the President of the Commission, the members of the Commission and the Secretary of the Commission.
25. The Chairman of the Commission headed by exam and is responsible for its progress. Starting the exam, the Chairman of the Commission shall notify to the Commission.
26. the Secretary of the Commission in the course of the examination of the Protocol. The Protocol specifies the examination venue, time, the composition of the Commission, the Commission's consultations and decisions, the applicant names and booking numbers, the examination asked questions and assessments.
27. If the applicant late in the beginning of the exam, he was Chairman of the Commission for authorization may be to perform the exam, but the performance period is extended. This fact is recorded in the minutes.
28. the Examination consists of two parts: 28.1. the first part of the written examination to verify the applicant's practical knowledge, the tenderer must resolve the question of practice (kāzus) in each specialization, which the applicant stated the rule in the application referred to in paragraph 10;
28.2. the second part of the examination the oral examination the applicant's theoretical knowledge, the applicant must answer at least two questions in each specialization theory in which the applicant pointed out that rule in the application referred to in paragraph 10.
29. When the first part of the exam, the applicant has the right to use līdzpaņemto or Commission regulations issued (in paper form), with no added comments. When the second part of the exam, the applicant is not entitled to use the technology.
30. If the applicant uses unauthorized AIDS (such as mobile phones, PCs, electronic notebook), as well as interfering with other applicants, the Chairman of the Commission expelled from the applicant for the duration of the exam room. In this case, believes that the applicant has acquired a failed rating.
31. The Chairman of the Commission may be authorized in exceptional cases for the duration of the exam out of the room at the same time not more than one tenderer. In this case the applicant shall forward to the Commission the work. The Chairman of the Commission on the work of the applicant noted the out of fact and time. Applicants to the exam performance period is extended.
32. the first part of the exam to reply for three hours, if a tenderer sort exam one specialisation, and in addition to one hour and thirty minutes to each subsequent specialisation. The President of the Commission provides that the examination room contains all the applicants clearly visible clock.
33. After the completion of the first part of the exam, the applicant signs the work, submitted to the President of the Commission and leave the exam room. After the first part of the exam Commission Chairman declares a break. Break can also be determined until the following day.

34. the second part of the exam candidates, in alphabetical order (by last name) calls on the exam venue space. The applicant chooses exams in each specialization in the ticket, which the applicant pointed out that rule in the application referred to in paragraph 10. Ticket number (the numbers) the applicant shall present the President of the Commission, and the Secretary of the Commission, it shall be recorded in minutes.
35. the second part of the exam during the exam room may be located at not more than five candidates.
36. in drawing up the plan of 15 minutes for each question. The oral reply of 10 minutes for each question.
37. the Commission heard the applicant's response. After listening to the reply of the Commission members have the right to ask questions to clarify the answers quality. Applicants who have completed the second part of the exam, the exam process.
38. Each member of the Commission evaluates each applicant's examination of the first and second part of the work with a positive or negative rating and the rating of the record sheet (annex 2). The signature of the Member of the Commission's assessment and, if necessary, provide a brief assessment of the justification.
39. The Member of the Commission does not participate in the evaluation work of the applicant, if the applicant is the spouse of the Member of the Commission or of the members of the Commission or his spouse's relatives in a straight line in all degrees, side line up to the fourth degree or affinity up to the third degree, or are members of the Commission or his spouse's custody or guardianship. Member of the Commission does not participate in the assessment of the applicant's work, if it is directly or indirectly personally interested in the assessment, or there are other circumstances that cause reasonable doubt as to his impartiality.
40. After all written work and oral answers the Evaluation Committee Secretary collects exam the first and second parts of the rating sheets recorded results and calculate the positive and negative ratings in each specialization.
41. If the candidate's positive and negative ratings, the number of specialisation, divided into similar decisive is the Chairman of the Commission's assessment. After the exam, but not later than the next working day in the Commission clerk collects ratings and recorded in the minutes.
42. The exam is arranged in specialization which the applicant pointed out that rule application referred to in paragraph 10, if the applicant's first and second examination part received a positive assessment, that is, if the Commission considers that the applicant has sufficient expertise in patent attorneys of the respective specialization of duties.
43. The members of the Commission have the right to request be recorded in their individual views on the assessment or examination. The minutes shall be signed by the Chairman of the Commission and the Secretary of the Commission.
44. The members of the Commission completed the assessment and examination of applicants to the first part of the exam answers for seemless conversion is an integral part of the annex to the Protocol.
45. the original of the Protocol holds the Patent Board. The Secretary of the Commission shall submit to the Ministry of justice the President of the Commission a certified copy of the minutes.
46. Examination rating Commission shall notify to the applicant personally the next working day after the decision of the Commission, as well as the three working days by post to the address of the applicant, the appropriate written notification.
47. If the exam during the exam policy violations that could directly influence the examination of assessment or evaluation in General, the applicant within one month of notification of the results of the exam can be a challenge exam results, submit a reasoned application to the Ministry of Justice. The decision may be appealed to the Court of administrative processes governing laws.
48. the registry information for the development and implementation of the system of registries, as well as manually sorted using existing technology.
49. in the 2011 composition of patents Board Director confirms within 10 working days from the date of entry into force of the provisions.
50. in the 2011 exam happens one time-in November.
51. If the applicant for the sort of exam application submitted to the Board of the Patent rules came into force, the Commission shall examine the application of this provision by the applicant in paragraph 11 in that order according to the requirements of this regulation.
52. Be declared unenforceable in the Cabinet September 4, 2007 the provisions of no. 602 "rules on the professional register of patent attorneys, the contents of the registry maintenance procedures and patent attorney qualifying examination procedures" (Latvian journal, 2007, nr. 145).
Prime Minister v. dombrovsky Justice Minister a. Štokenberg annex 1 Cabinet 26 April 2011 regulations no 317 application sample professional patent attorney qualifying examination for the sort of Latvian Patent Board (name) (social security number, or date of birth) have been informed that I want to sort a professional patent attorney examination 20 ___ of ___. _ _ _ _ _ _ _ _ _ _ _ in this specialization (s) (s) (mark with X required): patents trademarks designs.
My eligibility for inclusion in the register of professional patent attorneys, in accordance with the Patent Act of article 26:1) citizenship (Latvian or another Member State of the European Union citizenship) 2) education (academic or vocational education second level) 3) at least three years of work experience in industrial property protection (job (s), including activities in international or national industrial property authorities) conversation and interaction points: 1) the mail address in the territory of the Republic of Latvia (the recipient , address, postal code) 2) fax number 3) electronic mail address 4) phone number Attachment: 1) of formal education copies to ____ lp.;
2) work experience certificate copies to ____ lp.
(place)
 
(date)
 
(applicant's signature)
Note the. The document properties "date" and the "applicant's signature" does not fill in, if the document is drawn up according to the law on electronic document design.
The Minister of justice a. Štokenberg annex 2 Cabinet 26 April 2011 regulations no 317 patent attorneys rated the applicants page i. Patent Attorney examination of the first part of the exam evaluators (-a) (name) (exam venue) (date and time) no PO box
Applicant's first name, last name, ticket number specialization rating (positive/negative) notes the evaluator's signature II. Patent Attorneys, the second part of the exam (exam venue) (date and time) no PO box
Applicant's first name, last name, ticket number specialization rating (positive/negative) notes the evaluator's signature exam evaluator (-a) (signature) Note. The document property "signature" does not fill in, if the document is drawn up according to the law on electronic document design.
Minister of Justice Štokenberg is A.