STATUTORY INSTRUMENTS. 
S.I. No. 579 of 2015
 
———————— 
EUROPEAN COMMUNITIES (PATENT AGENTS) REGULATIONS 2015
 2 [579]
 
S.I. No. 579 of 2015 
EUROPEAN COMMUNITIES (PATENT AGENTS) REGULATIONS 2015 
I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, in 
exercise of the powers conferred on me by section 3 of the European Communi­
ties Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to 
Directive No. 2006/123/EC of the European Parliament and of the Council of 
12 December 20061 on services in the internal market, hereby make the follow­
ing regulations: 
1. These Regulations may be cited as the European Communities (Patent 
Agents) Regulations 2015. 
2. In these Regulations­
“Act of 1992” means the Patents Act 1992 (No. 1 of 1992); 
“Regulations of 2006” means the European Communities (Patent Agents) 
Regulations 2006 (S.I. No. 141 of 2006). 
3. Section 2 of the Act of 1992 is amended— 
(a) by the insertion of the following definitions: 
“ ‘EEA Agreement’ means the Agreement on the European Economic 
Area signed at Oporto on 2 May 1992, as adjusted by all subsequent 
amendments to that Agreement; 
‘EEA state’ means— 
(a) a Member State (other than the State), or 
(b) a state (other than a Member State) that is a contracting 
party to the EEA agreement;”, and 
(b) by the substitution of the following definition for the definition of 
“patent agent”: 
“ ‘patent agent’ except in section 94 has the meaning assigned to it by 
section 105 and a reference to a patent agent in this Act (except in 
section 94) or any other enactment shall be construed as including a 
reference to a patent attorney;”. 
4. Section 106 of the Act of 1992 is amended— 
1OJ No. L376, 27.12.2006, p.36 
Notice of the making of this Statutory Instrument was published in 
“Iris Oifigiúil” of 1st January, 2016. [579] 3
 
(a) by the substitution of the following subsection for subsection (2): 
“(2) Subject to the subsequent provisions of this section— 
(a) a person established in the State shall not carry on the busi­
ness of acting as a patent agent in the State unless that per­
son is for the time being registered in the register; 
(b) a person acting for gain shall not practise, describe himself 
or hold himself out as a registered patent agent or patent 
agent, or permit himself to be so described or held out, 
unless that person is for the time being registered in the 
register.”, 
(b) in subsection (3) (amended by regulation 4 of the Regulations of 
2006), by the substitution of “an EEA state” for “a Member State of 
the European Community”, 
(c) in subsection (3A) (inserted by regulation 4 of the Regulations of 
2006), in paragraph (a), by the substitution of “EEA state” for 
“Member State of the European Community”, 
(d) in subsection (3B) (inserted by regulation 4 of the Regulations of 
2006), in paragraph (a), by the substitution of “EEA State” for 
“Member State”, 
(e) in subsection (3C) (inserted by regulation 4 of the Regulations of 
2006), by the substitution of “EEA state” for “Member State”, 
(f) in subsection (3D) (inserted by regulation 4 of the Regulations of 
2006), by the substitution of “EEA state” for “Member State”, and 
(g) in subsection 3(E) (inserted by regulation 4 of the Regulations of 
2006)— 
(i) in the definition of “applicable professional title”, by the substi­
tution of “EEA state” for “Member State”, 
(ii) in the definition of “applicable qualifications”, by the substitution 
of “EEA state” for “Member State”, and 
(iii) in the definition of “person”— 
(I) in paragraph (a), by the substitution of “an EEA state” for “a 
Member State of the European Community”, and 
(II) in paragraph (b), by the substitution of “an EEA state and 
having its registered office, central administration or principal 
place of business within an EEA state” for “ a Member State 
of the European Community and having its registered office, 4 [579]
 
central administration or principal place of business within 
the European Community”. 
5. Section 107 of the Act of 1992 is amended by the substitution of the follow­
ing subsection for subsection (1): 
“(1) Any person who— 
(a) resides in the State or in an EEA state, 
(b) has a place of business in the State or in an EEA state, 
(c) possesses the prescribed educational and professional qualifi­
cations, and 
(d) complies with the prescribed conditions, 
shall be eligible to be registered in the register and a person so eligible shall, 
on application in the prescribed form and manner and on payment of the 
prescribed fee, be so registered.”. 
6. A person or partnership whose name was entered in the register of patent 
agents immediately before the commencement of these Regulations shall con­
tinue to be registered in the register of patent agents. 
7. Section 109 of the Act of 1992 is amended— 
(a) by the substitution of the following subsection for subsection (1): 
“(1) The Minister may make rules for the management of the regis­
ter and may by such rules prescribe any matter or thing referred to in 
section 107 or 108 as prescribed, and in particular may so prescribe— 
(a) the educational and professional qualifications, and the con­
ditions (including conditions relating to evidence of 
nationality or citizenship), which must be satisfied for eligi­
bility for registration in the register; 
(b) the conditions which must be satisfied by a partnership, body 
corporate or unincorporated body of persons for eligibility 
for registration in the register, including conditions relating 
to: 
(i) evidence of establishment as a partnership, body corpor­
ate or unincorporated body; 
(ii) evidence that a patent agent established in an EEA state 
(other than the State) is acting as a patent agent in 
accordance with the law of that state; [579] 5
 
(iii) evidence that the partnership, body corporate or unin­
corporated body is performing the services of a patent 
agent in the State; 
and 
(c) the maximum fees which may be charged by any person 
registered in the register for such services in connection with 
the obtaining of patents as may be specified in such rules.”, 
and 
(b) by the deletion of subsection (3). 
8. Rule 81 of the Patent Rules 1992 (S.I. No. 179 of 1992) is revoked. 
GIVEN under my Official Seal, 
17 December 2015. 
RICHARD BRUTON,
 
Minister for Jobs, Enterprise and Innovation.
 6 [579]
 
EXPLANATORY NOTE
 
(This note is not part of the Instrument and does not purport to be a legal 
interpretation.) 
These Regulations, made pursuant to the European Communities Act 1972, 
amend certain provisions of the Patents Act 1992, relating to the criteria for 
entry into the register of patent agents. 
BAILE ÁTHA CLIATH
 
ARNA FHOILSIÚ AG OIFIG AN tSOLÁTHAIR
 
Le ceannach díreach ó
 
FOILSEACHÁIN RIALTAIS,
 
52 FAICHE STIABHNA, BAILE ÁTHA CLIATH 2
 
(Teil: 01 - 6476834 nó 1890 213434; Fax: 01 - 6476843)
 
nó trí aon díoltóir leabhar.
 
——————
 
DUBLIN
 
PUBLISHED BY THE STATIONERY OFFICE
 
To be purchased from
 
GOVERNMENT PUBLICATIONS,
 
52 ST. STEPHEN'S GREEN, DUBLIN 2.
 
(Tel: 01 - 6476834 or 1890 213434; Fax: 01 - 6476843)
 
or through any bookseller.
 
——————
 
€2.54
 
Wt. (B31687). 300. 12/15. Essentra. Gr 30-15.