CHAPTER 10

An Act to amend and reenact § 54-42.1 of the Code of Virginia, concerning
practice of patent or trademark law and related matters.

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Be it enacted by the General Assembly of Virginia:

1. That § 54-42.1 of the Code of Virginia be amended and reenacted
as follows:

§ 54-42.1. Practice of patent or trademark law.—(1) So long as the
U.S. Patent Office or any part or division thereof is located in Virginia,
an attorney recognized to practice before the U.S. Patent Office in
patent or trademark cases shall be authorized to practice patent or trade-
mark law in Virginia without being licensed or authorized as an attorney
at law in Virginia by the Supreme Court of Appeals or by the State Board
4 Bar Examiners, and without becoming a member of the Virginia State

ar.

(2) For the purposes of this section “an attorney recognized to prac-
tice before the U.S. Patent Office in patent or trademark cases’ is defined
as anyone who is duly authorized to practice law in any state or territory
of the United States, or the District of Columbia, and who also is entitled
under the rules of the U.S. Patent Office to represent another in a patent or
a trademark case; and to “practice patent or trademark law’’ is defined to
mean to perform all necessary professional services with respect to patent
or trademark matters, concerning which being recognized to practice before
the U.S. Patent Office for the performance of such services is required, and
in addition embraces legal services related to or connected with the prac-
tice of patent and trademark law, and includes the preparation and filing
of copyright applications and assignments thereof in the Copyright Office
of the Library of Congress.

(2a) Any lawyer who is eligible under the preceding provisions to
practice patent and trademark law may be admitted to practice law limited
to patent, trademark, copyright and unfair competition causes only, under
the reciprocity rules promulgated by the Supreme Court of Appeals of
Virginia except that such lawyers need not be residents of the State if they
maintain a full time office for such practice within the State of Virginia.

(3) This section shall not be construed to authorize an attorney re-
cognized for practice before the U.S. Patent Office in patent or trademark
cases to appear in any court or in any tribunal other than the tribunals
of the Patent Office, nor to hold himself out as authorized to practice law
generally in Virginia.

(4) The commissioners of revenue are authorized, upon the payment
of a revenue license fee of fifteen dollars per annum, to issue a revenue
license to any attorney recognized for practice before the U.S. Patent
Office in patent or trademark cases maintaining an office or place of
business in this State, which license shall entit'e the holder thereof to
practice patent or trademark law only as defined in this section. A
separate license shall be required for each person so practicing patent or
trademark law, and such license shall not be prorated. Provided, however,
that no additional State revenue license shall be required of any person to
practice patent or trademark law if such person is regularly licensed in
Virginia as an attorney at law.

2. An emergency exists and this act is in force from its passage.