Code of Virginia

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Code of Virginia
Title 54.1. Professions and Occupations
Chapter 39. Attorneys
11/28/2020

§ 54.1-3901. Practice of patent law.

A. For the purposes of this section "an attorney recognized to practice before the United States Patent and Trademark Office in patent cases" is defined as anyone who is authorized to practice law in any state or territory of the United States, or the District of Columbia, and who is also entitled under the rules of that Office to represent another in patent cases. The "practice of patent law" is defined as the performance of all necessary professional services with respect to patent matters concerning which being recognized to practice before that Office for the performance of such services is required and includes legal services related to or connected with the practice of patent law.

B. Any attorney who is admitted as an active member of the Virginia State Bar, limited to patent, trademark, copyright and unfair competition cases only, as of July 1, 2000, may continue such active membership subject to compliance with minimum requirements of Mandatory Continuing Legal Education Rules of the Supreme Court of Virginia.

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

D. No attorney who is not an active member of the Virginia State Bar, whether or not authorized to practice before that Office in patent cases, shall be deemed to be admitted to practice patent law within the meaning of subdivision B 1 of § 54.1-3902 or duly licensed or otherwise legally authorized 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.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.