STATUTORY INSTRUMENTS 
     
S.I.  No. 142 of 2006 
 
 
Patents (Amendment) Rules 2006 
 
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(PRN. A6/0525)        €0.76     S.I.  No. 142 of 2006 
Patents ( Amendment ) Rules 2006 
I, Michael Ahern, Minister of State at the De partment of Enterprise , Trade and Employment, 
in exercise of the powers conferred on me by section 114 of the Patents Act 1992 ( No.1 of 
1992 ), as adapted by the Enterprise and Employm ent (Alteration of Name of Department and 
Title of Minister) Order 1997 (S.I. No.305 of 1997), and the Enterprise, Trade and 
Employment ( Delegation of Ministerial Functions ) (No.2) Or der 2004 (S.I. No.808 of 
2004), hereby make the following rules: 
 
Citation. 
 
1. These Rules may be cited as the Patents (Amendment) Rules 2006. 
 
 
Definition. 
 
2. In these Rules, “Rules” means the Pa tents Rules 1992 ( S.I. No. 179 of 1992 ). 
 
 
Evidence of qualifications, etc. 
 
3. The following Rules are inserted after Rule 79 of the Rules : 
 
    “Evidence of qualifications, etc. 
   
    79A. The following are prescribed for th e purposes of paragra phs (a) (b) and (c), 
    respectively, of section 106(3A)  – 
(a) evidence indicating that the person referred to in sec tion 106(3A)  is 
established in the Member Stat e concerned for the purpose of 
pursuing the activities concerned,  
                          
(b) evidence of the applicable qualifi cations ( within the meaning of  
section 106 ) being – 
(i) evidence such as a copy of a diploma or certificate, 
                                       or 
(ii) other evidence of formal qualifications, 
                            awarded by the competent authority of th e Member State concerned which 
indicates that the person referred to in section 106(3A) is qualified to act as 
a patent agent in that state, and 
 
                          (c) in a case falling -  
                   (i) within paragr aph (c)(i), a copy of a pass port, national identity card 
or other proof of nationality, or 
                  (ii) within paragra ph (c)(ii), to the extent th at proof of  the matters 
referred to in the following cl auses is not provided by the 
evidence referred to in paragraph (a) – 
  
                             (I)  a copy of a certificate of in corporation, an entry in a 
relevant register or other proof of the possession 
                                                 of the required legal personality,                          
                                                    (II) a copy of a certificate or an entry in a relevant 
register specifying the locati on of the person’s registered 
office, central administration or  principal place of business 
or other proof of its location. 
    
 Controller to be informed of certain change of circumstances. 
          
79B. If, subsequent to the provision by a person to the Controller of  such evidence as  
         is referred to in section 106(3A),  there is any material change of circumstances  
         affecting the person’s continuing to be qualified to act as a pa tent agent in the Member 
State concerned, the person sha ll, forthwith , notify the Controller in writing of that 
change of circumstances.”.                                         
 
Amendment of Rule 80 of Rules. 
 
4. Rule 80 of the Rules is amended in paragraph (1) – 
(a) by deleting “or” after subparagraph (c), 
(b) by substituting, in subparagraph (d),  “erased from it,” for “erased from 
it.”, and 
(c) by inserting the following after subparagraph (d) :  
“(e) any person who no longer satisfie s the requirements of section  
       106(3),or 
(f) a person referred to in section 106(3A) who does not comply with 
Rule 79A or 79B.”. 
 
Amendment of Rule 81 of Rules. 
 
5. Rule 81 of the Rules is amended by inserting “and (b)” after “section 107(1)(a)”. 
 
Amendment of Rule 92 of Rules. 
 
6. Rule 92 of the Rules is amended, in paragr aph (1), by substituti ng “in the European  
Community” for “in the State”. 
 
Amendment of Rule 93 of Rules. 
 
7. Rule 93 of the Rules is amended, in paragr aph (1), by substituti ng “in the European  
Community” for “in the State”.  
 
     Given under my Hand, 
                                                                   29  March  2006. 
 
 
 
      M i c h a e l  A h e r n ,  
                                                                      Minister of State at the Department of 
                                                                      Enterprise, Trade and Employment. Explanatory Note 
This note is not part of the Instrument and does not purport to be a legal 
interpretation 
 
These Rules set out the evidential requirem ents with which a person established in 
another Member State of the European Comm unity and qualified to  act under the law 
of that State as a patent agent must comp ly in order to act for another person in 
relation to patent matters before the Contro ller of Patents, Designs and Trade Marks. 
They also set necessary consequential am endments to the Patent Rules, 1992.