Bylaws Section 2
Section 2. Membership. To be eligible for active membership, a person should be professionally qualified in the patent profession and shall occupy the position of General Patent Counsel (or equivalent), Co-Counsel in event of no General Patent Counsel, or Head (or equivalent) of a Patent Department or the United States portion thereof and shall be a full time employee of a United States corporation or an international corporation traded on the New York Stock Exchange, NASDAQ or any US equivalent stock exchange (“Eligible Active Member”).
No person shall be eligible for active membership whenever there is an active member in the Association from the applicant's corporation, whereby there may be only one active member per corporation; but this provision shall not apply to, or be reason for terminating the membership of, any active member. Participation is encouraged by managing patent attorneys in key roles within their industrial United States corporations, as follows;
Subsidiary. In the event that an otherwise eligible active member would be eligible for membership but for the U.S. corporation employer being a subsidiary (“Subsidiary Eligible Active Member”) of another U.S. corporation which has an existing active member, the Subsidiary Eligible Active Member will be eligible for membership provided that there is no direct or indirect reporting relationship between the Subsidiary Eligible Active Member of the subsidiary U.S. Corporation and the parent corporation’s Eligible Active Member
Business Unit. – If an industrial United States corporation, with an existing Eligible Active Member and with multiple business units, meets the following criteria, that corporation may allow more than 1 employee to become an eligible active member (“Business Unit Eligible Active Member”):
- the business unit has a total of 3 or more patent lawyers and agents reporting to the head of the patent department of that business unit; and
- the business unit files at least 25 priority patent applications in a calendar year, where a priority patent application is the first filing of any world-wide application for a patent that does not claim priority from another earlier filed patent application so as to take advantage of the filing date of information disclosed in that earlier patent application; and
- the business unit has a total world-wide revenue of at least $2,000,000,000; and
- the existing Eligible Active Member recommends membership of the Business Unit Eligible Active Member.
Application for active membership, except in the case of charter membership, shall be made in writing to the Secretary on proposal by a member, seconded by another member employed by a different company from that of the proposer, except that a person who replaces an active member in good standing may be accepted for active membership solely upon written recommendation of the replaced active member. Upon determination that the proposed member meets the qualifications of the preceding paragraph, the Secretary shall notify the proposed member of his acceptance as a member.
Membership may be terminated by written resignation at any time; provided, that all dues, assessments, and other sums due the Association have been paid. Active membership shall be terminated automatically for: (a) failure to pay any dues or assessment within six months of the mailing of written notice thereof; (b) a change in status whereby a member is no longer qualified under the provisions of the first paragraph of Section 2; or (c) unexcused failure to attend in person or by proxy three consecutive regular meetings of the Association provided that membership shall not be terminated for nonattendance if the Executive Committee decides that termination would be a disservice to the Association. Attendance of a member by proxy is limited to an otherwise qualified attorney or agent who is his or her assistant or holds a position in the next lower level of supervision, when it is not reasonably practicable for the member to attend; in such cases, the member shall notify the Secretary or Treasurer of his or her absence and the designation of his or her proxy prior to the date of the meeting.
A former active member who is no longer qualified under this Section 2 for active membership may be enrolled as an Emeritus member upon application submitted to and approval by not less than one-half of the members of the Executive Committee which shall consider the applicant's participation in and service to the Association.
Honorary members may be elected upon recommendation of the Executive Committee and approval by majority vote of the members of the Association present at any regular meeting at which there is a quorum. Emeritus members and honorary members shall not be entitled to vote. Honorary members shall not be required to pay dues.