Patent Agents from other EEA states
Section 106 (3A) of the Patents Act 1992 provides that a person established in a Member State of the European Community and entitled under the law of that state to act as a Patent Agent may carry on the business of acting as a Patent Agent for others in connection with the registration of a patent or any procedure relating to a patent. The Controller of Patents, Designs and Trade Marks is the Competent Authority for receipt of notifications by trade mark agents established in another EU member State who wish to provide services in Ireland.
On or before the first occasion on which a person acts on behalf of another before the Controller in connection with a patent or any procedure relating to a patent or the obtaining thereof, the person must notify the Controller and provide to the Controller evidence relating to –
(i) the person’s being established in another Member State of the European Community,
- evidence of establishment in another member state can be:
an entry in a relevant register (companies register, commercial register, listing in a directory of a professional body) specifying the location of the person’s registered office, central administration or principal place of business or other proof of its location in a member state of the European Community;
(ii) the person’s being qualified under the law of that state to act as a patent agent in that state,
- evidence of qualification can be a copy of a diploma or certificate, or other evidence of formal qualifications, awarded by the competent authority of the Member State concerned which indicates that the person is qualified to act as a patent agent in that state;
(iii) in the case of an individual, a national of a Member State of the European Community, the nationality of the person
- a copy of a passport, national identity card or other proof of nationality;
(iv) in the case of a person which is a company or firm formed in accordance with the law of a Member State of the European Community
- a copy of a certificate of incorporation, an entry in a relevant register (companies register, commercial register, listing in a directory of a professional body) or other proof of the possession of the required legal personality in a member state of the European Community.
If any document furnished in compliance with the foregoing requirements is in a language other than English, then a certified translation into English must also be furnished.