Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 201B

Offence--failing to notify lack of patent attorney director

  (1)   An incorporated patent attorney commits an offence if the incorporated patent attorney:

  (a)   does not have a patent attorney director; and

  (b)   does not notify the Designated Manager of that within 7 days.

Penalty:   150 penalty units.

Offence--acting after 7 days without patent attorney director

  (2)   An incorporated patent attorney commits an offence if the incorporated patent attorney:

  (a)   does not have a patent attorney director; and

  (b)   has not had a patent attorney director during the previous 7 days; and

  (c)   carries on business, practises or acts as a patent attorney.

Penalty:   150 penalty units.

Designated Manager may appoint a registered patent attorney

  (3)   If an incorporated patent attorney does not have a patent attorney director, the Designated Manager may, by writing, appoint another registered patent attorney to take charge of the patents work of the incorporated patent attorney.

  (4)   The appointment may be made only with the consent of the other registered patent attorney.

Effect of appointment

  (5)   A registered patent attorney holding an appointment under subsection   (3) (the appointed attorney ) is taken, for the purposes of this Act, to be a patent attorney director of the incorporated patent attorney.

  (6)   However, for the purposes of the Corporations Act 2001 :

  (a)   the appointed attorney is not a director of the incorporated patent attorney only because:

  (i)   the appointed attorney takes charge of the patents work of the incorporated patent attorney; and

  (ii)   the appointed attorney is taken, for the purposes of this Act, to be a patent attorney director of the incorporated patent attorney; and

  (b)   the Designated Manager is not a director of the incorporated patent attorney only because the Designated Manager appointed the appointed attorney.

Designated Manager may remove incorporated patent attorney from Register

  (7)   If an incorporated patent attorney does not have a patent attorney director, the Designated Manager may remove the incorporated patent attorney from the Register.