Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p31
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 31/73)
Character Range: 230565–233365

which the applicant relies were obtained more than 10 years prior to the application.
 (6) If an applicant has been granted an exemption under regulation 20.9, the applicant is taken to meet the requirement in Schedule 5 for which the exemption is granted.
Note: Subsection 198(4) of the Act provides that the Designated Manager must register as a patent attorney a person who satisfies certain conditions. Paragraph 198(4)(b) requires that a person hold such qualifications as are specified in, or ascertained in accordance with, the Regulations.

20.9  Exemption from a requirement in Schedule 5
 (1) The Board may exempt an applicant from having to satisfy all or some of the requirements mentioned in Schedule 5.
 (2) The Board must not give an exemption to an applicant unless:
 (a) the applicant makes an application in the form approved by the Board; and
 (b) the applicant gives the Board enough information for the Board to be satisfied under paragraph (c); and
 (c) the Board is satisfied that:
 (i) the applicant has passed a course of study at a satisfactory level; and
 (ii) the course of study has outcomes that are the same as, or similar to, those of a knowledge requirement for which the exemption is sought.
 (3) The Board may give an exemption under subregulation (1) if it is satisfied that the applicant has successfully completed a relevant course of study within the 7 years preceding the application or within a longer period specified in writing by the Board.
 (4) An exemption under subregulation (1) is valid for 5 years from the date that the exemption was granted or for a longer period specified in writing by the Board.

20.10  Employment requirements
 (1) The applicant:
 (a) must have been employed in Australia or New Zealand, or in both countries, in a position, or positions, that provided the applicant experience in the following skills:
 (i) searching patent records;
 (ii) preparing, filing and prosecuting patent applications in relation to Australia and New Zealand;
 (iii) preparing, filing and prosecuting patent applications in relation to other countries and organisations, particularly countries and organisations that are regarded as major trading partners with Australia and New Zealand;
 (iv) drafting patent specifications;
 (v) providing advice on the interpretation, validity and infringement of patents; and
 (b) must have been employed in a position, or positions, of that kind for at least:
 (i) 2 continuous years; or
 (ii) a total of 2 years within 5 continuous years.
Note: Examples of major trading partners for subparagraph (1)(a)(iii) are as follows:
(a) European Union;
(b) Japan;
(c) People's Republic of China;
(d) Republic of Korea;
(e) United States of America.
 (2) The requirements set out in subregulation (1) must be evidenced by