Law (2010:1052) On The Authorisation Of The Patent Attorneys

Original Language Title: Lag (2010:1052) om auktorisation av patentombud

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2010:1052

The law's content



section 1 of this Act contains provisions on the authorisation of

patent agents and Patent Attorneys Board data.



Definitions



2 for the purposes of this Act, section



1. patent law matters: matters relating to the



(a) the patentability of inventions),



b) application for patent and other proceedings relating to the patent

before an authority or organization,



(c) the validity of a patent), a patent or a patent application

the scope of protection, infringement of patents and better right to a

patent or a patent application, and



d) preparation and conduct before the Court in

patent law matters,



2. patent agent "means a natural person who professionally leaves

assistance in patent law matters, and



3. authorized patent agents: a patent attorney who has

authorized under this Act.



Patent Board



paragraph 3 of the Patent Board,



1. examine issues on the authorisation of the patent agent;



2. keep a register of authorized patent agents,



3. supervision of authorized patent agents,



4. examine issues of disciplinary procedures against authorized

patent agents, and



5. promote good patentombudssed be developed and followed.



The Patent Board be notified of

the Government.



Authorization



paragraph 4 requires that an applicant For authorisation



1. is not a minor, bankrupt or subject to

disqualification,



2. do not have trustees under Chapter 11. 7 § parental code,



3. have appropriate theoretical qualification and professional experience,



4. have completed approved proficiency test for authorisation,



5. works as a patent agent, and



6. is respectable and otherwise suitable to act as patent agents.



If there are special reasons, the Patent Board in

individual cases may decide to derogate from the requirements of the first

paragraph 3 – 5.



Good patentombudssed



§ 5 authorized patent agents shall observe good

patentombudssed.



Professional secrecy



section 6, an authorised patent agent shall not improperly disclose

or use what the Attorney has become aware in their

professional practice.



The Registrar shall ensure that the agent's assistants observes the corresponding

professional secrecy.



Obligation to provide data



section 7 an authorized patent agent shall submit

Patent Attorney Board the information that the Board needs to

exercise supervision.



If an authorised patent agent occurs, any

circumstance which means that conditions in accordance with paragraph 4 of

the first subparagraph ceases to be fulfilled, the agent immediately

notify the Patent Committee.



Revocation of authorization



section 8 of the Patent Board of appeal shall revoke the authorisation for a

patent attorney if the Attorney requests it or if the delegate is no longer

comply with the requirements for authorization under paragraph 4, first subparagraph

1-5. In the latter case, the Board if there are particular

reasons not waiver.



A decision on the revocation of the authorization shall be effective immediately.



Disciplinary actions



section 9 of the Patent Board of appeal shall revoke the authorisation for a

authorized patent agent unless the agent



1. no longer meets the requirements set out in paragraph 4(1) 6,



2. fails to pay the prescribed fees to the

Patent Attorney Board, or



3. otherwise does not comply with its obligations under this Act.



If there are special reasons, the Patent Board in

rather than announce a warning. Patent Board may completely

failing to take action if there are serious reasons.



A decision on the revocation of the authorization shall be effective immediately.



Appeal



section 10 of the Patent Board's decision under this Act may

be appealed to the administrative court.



Leave to appeal is required for an appeal to the administrative court.



Criminal responsibility



section 11 of the improperly claiming to be authorized

patent agent shall be liable to a fine.



Appropriations



section 12 of the Government or the authority, as the Government determines

may provide for the authorization of patent agents.



The Government or the authority that the Government may

provide for fees in proceedings under this Act.



2010:1052



1. This law shall enter into force on september 1, 2010.



2. upon entry into force for at least five years conducting

professional activity in Sweden which mainly consisted of

assist with patent law Affairs and as at

date of entry into force is included on the European

Patent Office list of authorized agents or individual

Member of the Swedish IP Attorney Associations, shall be authorized, in spite

to the requirements of paragraph 4(1) 3 and 4 are not fulfilled.

However, this applies only where the application for authorisation is submitted

to the Patent Board before september 1, 2011.