Marginal note:Representation — patent granted before October 30, 2019
219 In respect of a patent — other than a reissued patent — granted before October 30, 2019 for which there are joint patentees and in respect of which no common representative is appointed under paragraph 26(3)(a) and in respect of which subsection 26(9) does not apply,
(a) if, immediately before the patent was granted, no patent agent residing in Canada was appointed in respect of the application on which the patent was based and if the joint applicant who, immediately before the patent was granted, was the authorized correspondent under the former Rules, is a patentee before October 30, 2019,
(i) subsection 26(7) does not apply, and
(ii) subject to subsection 26(11), that applicant is deemed to be appointed as the common representative; and
(b) in any other case,
(i) subsection 26(7) and paragraph 27(7)(a) do not apply,
(ii) any appointment of a patent agent by the patentees on or after October 30, 2019 may, despite subsection 27(3), be made only by a notice to that effect signed by all of the patentees and submitted to the Commissioner, and
(iii) an appointment of a patent agent, including a deemed appointment, may be revoked by submitting to the Commissioner a notice to that effect signed by all of the patentees or by that patent agent.
- SOR/2022-120, s. 55
- Date modified: