Patent Agents from other EEA states
Section 106 (3A) of the Patents Act 1992 provides that a person established in an EEA (European Economic Area) state 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 the Intellectual Property Office of Ireland is the Competent Authority for receipt of notifications by patent agents established in another EEA 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 an EEA state,
- evidence of establishment in another EEA 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 an EEA state;
(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 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 an EEA state, 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 an EEA state
- 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 an EEA state.
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.