Regulation (2010:1053) On The Authorisation Of The Patent Attorneys

Original Language Title: Förordning (2010:1053) om auktorisation av patentombud

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2010:1053

Introductory provision



Article 1 this regulation lays down provisions supplementing

Act (2010:1052) for the authorization of patent agents. The words and

terms used in this regulation have the same meaning

as in the law.



Authorization



section 2 of the Knowledge test for authorisation referred to in paragraph 4 of the first

paragraph 4 (2010:1052) for the authorization of patent agents,

organized by the Patent Board. The sample must be in writing.



section 3 of the proficiency test for authorisation shall ensure that

the patent attorney has sufficient theoretical knowledge to

Professional leave representation in patent law Affairs

and the ability to apply such knowledge in practice in

such work.



4 section to get pass the proficiency test for authorisation is required

that the applicant has the professional experience of counsel in patent law

Affairs for at least four years, and has



1. completed a master's degree in accordance with annex II to

the higher education Ordinance (1993:100) with technology or

Science as the main field of study

or has successfully undergone an equivalent

education, or



2. completed a Bachelor's degree in accordance with annex II to

the higher education Ordinance (1993:100) with the law as the main field of study

for training or has successfully undergone any

other equivalent training.



This professional experience must have been completed under the supervision of a

authorized patent agent.



The application procedure



§ 5/expires U: 2016-04-15/

An application for authorisation or recognition of foreign

professional qualifications in accordance with §§ 7-9 are made of

Patent Committee.



The application shall be signed by the applicant.



§ 5/entry into force: 04/15/2016

An application for authorisation is made in Patent Board.



The application shall be signed by the applicant.

Regulation (2016:170).



section 6, An application for authorisation shall include



1. birth certificate and bankruptcy freedom certificate or equivalent

documents from a State of the European economic

area (EEA),



2. evidence of freedom from disqualification or equivalent

document from another Member State within the EEA,



3. a declaration that the applicant does not have trustees under 11

Cape. 7 § parental code,



4. details of the applicant's education and

professional activities, and



5. the details referred to in section 13.



Recognition of foreign education and professional qualifications

for patent agents



section 7/expires U: 2016-04-15/

Those who want to work as a licensed patent attorney in

Sweden may invoke the corresponding training and

professional experience in another State (State of origin)

within the EEA or from Switzerland.



Patent attorneys ' Board is the competent authority and shall take a decision

on the recognition of professional qualifications, pursuant to

European Parliament and Council Directive 2005/36/EC of 7

September 2005 on the recognition of professional qualifications.



Patent attorney the Board's decision in respect of recognition should

be taken within three months from the date on which the application was received by the

Board. Recognition means that the parts of the requirements for

authorization is the education and

professional experience referred to in paragraph 4 shall be deemed to be satisfied.



section 7/entry into force: 04/15/2016

Provisions on temporary mobility and recognition of qualifications acquired or recognised in a State other than Sweden within the European economic area or Switzerland, see law (2016:145) on the recognition of professional qualifications and in the regulations issued in connection with the Act. Regulation (2016:170).



section 8/expire U:2016-04-15 by Regulation (2016:170)./

For the recognition of professional qualifications,

Patent Attorney Board, if the profession is regulated in

the Member State of origin, require attestation of competence or evidence of

formal qualifications of the applicant issued by

competent authority or organization and that indicates that the

qualifications not deviate substantially from the level

required for authorization of patent agents in Sweden.



Recognition of professional qualifications must also be decided whether

the applicant has provided professional assistance in patent law

Affairs on a full-time basis for at least two years during the last

ten years in a country in the EEA or in Switzerland where the profession is not

regulated, if the person has one or more attestations of competence

or evidence of formal qualifications attesting to this.

Such evidence shall comply with the requirements referred to in the first subparagraph

and show that the holder has been prepared to work with that

provide assistance in patent law Affairs.



The requirement of professional experience in the second subparagraph shall not apply, if the

evidence of formal qualifications which the applicant regards as

evidence of training in the Member State of origin, in particular

designed for work with patent law Affairs.



§ 9/expire U:2016-04-15 by Regulation (2016:170)./

Notwithstanding the provisions of section 8 of the Patent Board may delegate

recognition of professional qualifications require that the applicant

perform an adaptation period or take an aptitude test

If



1. the scope of education invoked by the applicant is

at least one year shorter than that required under paragraph 4 of

the authorisation of the patent agent, or



2. the content of the applicant's training substantially different from

What is provided for work as a patent attorney.



Register



section 10 of the Patent Board shall keep a register of

authorized patent agents with the help of automated

treatment.



The registry shall give the public the information contained in the

the registry.



In the case of personal data, the registry have the objective to

provide data for



1. General or individual activities where patent-related

information forms the basis for trials or decision,



2. the updating, completion or verification of

patent-related information in the Member Directory

or similar registers, and



3. activities that the State is responsible for according to law

Constitution and



(a)) relating to the patent agent, and



(b)) to be performed requires access to

patent-related information.



section 11 of the Patent Board is a data controller under the

personal data Act (1998:204) for the table.



section 12 of the provisions of the personal data Act (1998:204) about

rectification and Indemnity apply to the processing of

personal data under this regulation.



paragraph 13 of the register shall in respect of each patent agents include



1. name,



2. personal number, coordination number or, if there is none,

date of birth,



3. business address, and



4. where applicable, company name, registration number, address

and the website of the company where the patent attorney practicing

activity.



If a patent agent is registered in another State, shall

Patent Board's registers indicate what

foreign authority or organisation responsible for the

registration and, where applicable, patent attorney

foreign registration number.



section 14 of The patent agent shall, as soon as possible, notify each

change of circumstances such as shown in the table.

The notification shall be signed by the patent agent.



When the Patent Board announced the decision on the abolition of

authorization information on patent attorney culled from

register as soon as possible after the decision has become

the force of law.



section 15 of the data in the registry as shown in paragraph 13 of the first

paragraph 1 and 3 shall be made available on a Web site.



/Rubriken expires U: 2016-04-15/

Certificate of competence, etc.



16 §/expire U:2016-04-15 by Regulation (2016:170)./

Patent Attorney Board shall provide the information and

issue the certificates of competence, professional activity, or

similar conditions as competent authorities and

organisations in other States within the EEA.



/Rubriken entry into force: 04/15/2016

Proof of authorization, section 17 of the Patent Board shall provide proof for the authorization of

Swedish or English to an applicant who requests it.



Fees



section 18 For examination of the application for authorization, the applicant shall

pay a filing fee of $100.



If the application is granted, the patent attorney annually pay a

fee of 2 600 SEK.



§ 19 For consideration of questions under paragraph 4, second subparagraph, the law

(2010:1052) for the authorization of patent attorneys, the applicant shall

pay a fee. In terms of the amount of the accommodation apply

the provisions of sections 9 to 14, the fee Regulation (1992:191),

in which case the fee class 2 shall apply.



section 20 of the certificate of authorization, the applicant shall pay a

fee. Patent attorney the Board may provide for

the amount of the fee.



For graduation by proficiency test for authorization, the applicant shall

pay a fee. Patent Board may announce

regulations on the amount.



Additional regulations



section 21/expires U: 2016-04-15/

Patent Board may announce further provisions

If theoretical training, professional experience, knowledge tests

authorization and recognition of education, training and

professional experience in accordance with section 7.



Patent Board may announce further provisions also

on the authorisation and registration of patent attorneys.



section 21/entry into force: 04/15/2016

Patent Board may announce further provisions concerning theoretical training, professional experience and skill test for the authorization.



Patent Board may announce further provisions even if the authorisation and registration of patent attorneys.

Regulation (2016:170).