2006 Code of Virginia § 54.1-3901 - Practice of patent law

54.1-3901. Practice of patent law.

A. For the purposes of this section "an attorney recognized to practicebefore the United States Patent and Trademark Office in patent cases" isdefined as anyone who is authorized to practice law in any state or territoryof the United States, or the District of Columbia, and who is also entitledunder the rules of that Office to represent another in patent cases. The"practice of patent law" is defined as the performance of all necessaryprofessional services with respect to patent matters concerning which beingrecognized to practice before that Office for the performance of suchservices is required and includes legal services related to or connected withthe practice of patent law.

B. Any attorney who is admitted as an active member of the Virginia StateBar, limited to patent, trademark, copyright and unfair competition casesonly, as of July 1, 2000, may continue such active membership subject tocompliance with minimum requirements of Mandatory Continuing Legal EducationRules of the Supreme Court of Virginia.

C. This section shall not authorize a person recognized to practice beforethe United States Patent and Trademark Office in patent cases to appear inany court or tribunal other than the tribunals of that Office, unless theperson is an active member of the Virginia State Bar, generally or an activemember of the Virginia State Bar limited to patent, trademark, copyright andunfair competition cases only as of July 1, 2000. This section shall not beconstrued to limit the admission to practice law as an active member of theVirginia State Bar generally of any person otherwise qualified for generaladmission.

D. No attorney who is not an active member of the Virginia State Bar, whetheror not authorized to practice before that Office in patent cases, shall bedeemed to be admitted to practice patent law within the meaning ofsubdivision B 1 of 54.1-3902 or duly licensed or otherwise legallyauthorized to practice law within the meaning of 13.1-544.

(1962, c. 389, 54-42.1; 1968, c. 10; 1974, c. 597; 1981, c. 103; 1982, c.633; 1988, c. 765; 2000, c. 355.)

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