Commonwealth Numbered Regulations

1989 No. 25 PATENT ATTORNEYS REGULATIONS (AMENDMENT) - REG 18

18. (1) In this regulation:
   "amended Regulations" means the Principal Regulations as amended by these
Regulations;
   "former Regulations" means the Principal Regulations as in force
immediately before 1 May 1989;
   "prescribed person" means a person who has, before 1 May 1989, passed the
examination in a subject mentioned in subregulation 10 (2) of the former
Regulations.

(2) In spite of the amendments of regulation 10 of the Principal Regulations,
regulation 10 of the former Regulations continues to apply to a
prescribed person as if the reference to the examination in a subject
mentioned in paragraph 10 (2) (c) or (f) of the former Regulations were a
reference to the examination in the subject mentioned in that paragraph of the
amended Regulations.

(3) In spite of the repeal of regulation 11 of the Principal Regulations,
regulation 11 of the former Regulations continues to apply to a person
referred to in that regulation who is a prescribed person.

(4) In spite of the repeal of regulation 14 of the Principal Regulations,
subregulation 14 (3) of the former Regulations continues to apply to a person
referred to in that subregulation who is a prescribed person.

(5) In spite of the repeal of regulation 15 of the Principal Regulations,
regulation 15 of the former Regulations continues to apply to a person, other
than a person referred to in paragraph 15 (a) or (b) of the former
Regulations, who is a prescribed person as if the reference to having passed
the examination in a subject included a reference to being exempted under
subregulation 10A (1) of the amended Regulations from having to pass the
examination in that subject.

(6) In spite of the repeal of regulation 20 of the Principal Regulations,
regulation 20 of the former Regulations continues to apply to a prescribed
person.

(7) Subregulation (6) does not affect the application of regulation 20 of the
amended Regulations to a prescribed person.

(8) In spite of the repeal of regulation 20A of the Principal Regulations,
regulation 20A of the former Regulations continues to apply to a person to
whom regulation 20 of the former Regulations applies as if the references to
Form 3A and Form 3B were references to a form approved by the Commissioner.

(9) An application by a prescribed person under regulation 20A of the former
Regulations shall be accompanied by evidence that he or she has the
qualifications.

(10) In spite of the repeal of regulation 21 of the Principal Regulations,
where a prescribed person who was employed for not less than 5 years as a
Supervising Examiner of Patents, a Senior Examiner of Patents or an Examiner
of Patents has been employed by a patent attorney for not less than 6 months
as a technical assistant in the conduct of the practice of the patent attorney
in matters arising under the Act or the repealed Acts, the person has, for the
purposes of paragraph 133 (3) (e) of the Act, been employed as prescribed for
not less than the prescribed period.

(11) In spite of the amendments of regulation 22 of the Principal Regulations,
regulation 22 of the former Regulations continues to apply to a
prescribed person as if:

   (a)  the references to Form 4 and Form 5 were references to a form approved
        by the Commissioner; and

   (b)  the references to the qualifications referred to in whichever of
        paragraphs 20 (1) (a), (b), (c) and (d) of the former Regulations is
        applicable the person included references to the qualifications
        mentioned in whichever of subparagraph 20 (1) (b) (i), (ii) or (iii)
        of the amended Regulations is applicable to the person.

(12) Where a prescribed person is exempted under subregulation 10A (1) of the
amended Regulations from having to pass the examination in a subject mentioned
in subregulation 10 (2) of the former Regulations, an application by the
person under regulation 22 of the former Regulations shall be accompanied by
evidence that he or she is so exempted.

(13) In spite of the amendments of regulation 23 of the Principal Regulations,
regulation 23 of the former Regulations continues to apply to a
prescribed person as if the references to Form 6 and Form 7 were references to
a form approved by the Commissioner.