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.
Structure Code of Virginia
Title 54.1 - Professions and Occupations
§ 54.1-3900. Practice of law; student internship program; definition
§ 54.1-3901. Practice of patent law
§ 54.1-3903. Oath; qualification; proof of licensure or authorization
§ 54.1-3904. Penalty for practicing without authority
§ 54.1-3906. Liability to client
§ 54.1-3907. Reasonable care of attorney in selection of index
§ 54.1-3908. Liability for words used in proceedings concerning conduct
§ 54.1-3910. Organization and government of Virginia State Bar
§ 54.1-3910.1. Enforcement, etc., of costs
§ 54.1-3913. State Bar Fund; receipts; disbursements
§ 54.1-3913.1. Clients' Protection Fund
§ 54.1-3914. Forfeiture of license for failing to pay fees; restoration of license
§ 54.1-3915. Restrictions as to rules and regulations
§ 54.1-3916. Legal aid societies
§ 54.1-3917. Master retirement program
§ 54.1-3917.1. Group or individual insurance policies
§ 54.1-3918. Availability of Virginia State Bar membership list
§ 54.1-3919. Composition of Board; quorum
§ 54.1-3920. Appointment and terms of members
§ 54.1-3921. Board to elect one of its members president; appointment of secretary and treasurer
§ 54.1-3922. Powers, rules and regulations
§ 54.1-3924. Fees paid by applicants
§ 54.1-3925. Application for examination
§ 54.1-3925.2. Access to criminal history records
§ 54.1-3925.3. Authority for subpoenas; qualified privilege and immunity
§ 54.1-3926. Preliminary proof of education required of applicant
§ 54.1-3927. Time and place of examination
§ 54.1-3928. Issuance of license or certificate; list of persons certified to Supreme Court
§ 54.1-3929. Preservation of examination papers
§ 54.1-3931. Granting certificates without examination; law professors
§ 54.1-3933. Decreeing fee out of funds under control of court
§ 54.1-3934. Revocation of license by Board
§ 54.1-3935. Procedure for disciplining attorneys by three-judge circuit court
§ 54.1-3936. Protection of client interests in proceedings pending disciplinary action
§ 54.1-3938. Service of process in license revocation proceedings
§ 54.1-3938.1. Subpoena issued pursuant to law of another jurisdiction
§ 54.1-3941. Unlawful to act as runners or cappers
§ 54.1-3942. Validity of contract
§ 54.1-3943. Injunction against running, capping and soliciting