Marginal note:Power to appoint patent agent
27 (1) An applicant for a patent, a patentee or other person may appoint either one patent agent or all the patent agents at the same firm to represent them before the Patent Office in respect of a patent or an application for a patent.
Marginal note:Mandatory appointment of patent agent
(2) An applicant for a patent must appoint one patent agent or all the patent agents at the same firm to represent them before the Patent Office in respect of their application for a patent if
(a) the application is filed by a person other than the inventor;
(b) there is more than one inventor and the application is not filed jointly by all of the inventors; or
(c) a transfer, in whole or in part, of the application has been recorded by the Commissioner under section 49 of the Act.
Marginal note:Manner of appointment
(3) The appointment of one patent agent or all the patent agents at the same firm by an applicant for a patent or a patentee must be made by one of the following methods:
(a) in respect of a patent or an application for a patent, in a notice to that effect that is submitted to the Commissioner and signed by
(i) if there is a single applicant or patentee, the applicant or patentee,
(ii) if there is a single applicant or patentee and a document authorizing a foreign practitioner to appoint a patent agent is signed by the applicant or patentee and submitted at the same time to the Commissioner, that foreign practitioner,
(iii) if there are joint applicants or patentees, the common representative, or
(iv) if there are joint applicants or patentees and a document authorizing a foreign practitioner to appoint a patent agent is signed by the common representative and submitted at the same time to the Commissioner, that foreign practitioner;
(b) in respect of an application for a patent — other than a divisional application or an international application — that includes a petition on the filing date, in that petition;
(c) in respect of a PCT national phase application, in a notice to that effect submitted to the Commissioner on or before the national phase entry date of that application; and
(d) in respect of a divisional application, in the petition included in the application on its presentation date.
Marginal note:Manner of appointment by another person
(4) The appointment, other than as an associate patent agent, of one patent agent or all the patent agents at the same firm, by a person other than an applicant for a patent or a patentee to represent them before the Patent Office in respect of a patent or an application for a patent must be made in a notice to that effect submitted to the Commissioner and signed by
(a) that person; or
(b) if a document signed by that person authorizing a foreign practitioner to appoint a patent agent is submitted at the same time to the Commissioner, that foreign practitioner.
Marginal note:Consent to appointment
(5) If a person, other than a patent agent, submits to the Commissioner a document appointing, other than as an associate patent agent, one patent agent or all the patent agents at the same firm, the appointment is not effective until evidence of consent to that appointment by that one patent agent or by any of the patent agents at that firm is submitted to the Commissioner.
Marginal note:Patent agent by default — patent
(6) The patent agent or all the patent agents at the same firm appointed in respect of an application for a patent under subsection 27(3) or (4) are deemed, unless the appointment document indicates otherwise, to have also been appointed in respect of any patent granted on the basis of the application.
Marginal note:Revocation — appointment by applicant or patentee
(7) The appointment, including a deemed appointment, of one patent agent or all the patent agents at the same firm in respect of a patent or an application for a patent by an applicant for a patent or a patentee is revoked if
(a) a notice to that effect is submitted to the Commissioner and signed by that one patent agent or any of the patent agents at that firm or by
(i) if there is a single applicant or patentee, the applicant or patentee,
(ii) if there is a single applicant or patentee and a document authorizing a foreign practitioner to revoke the appointment is signed by the applicant or patentee and is submitted at the same time to the Commissioner, that foreign practitioner,
(iii) if there are joint applicants or patentees, the common representative, or
(iv) if there are joint applicants or patentees and a document signed by the common representative authorizing a foreign practitioner to revoke the appointment is submitted at the same time to the Commissioner, that foreign practitioner; or
(b) the licence of that one patent agent, or each of the patent agents at that firm, is suspended, revoked or surrendered.
Marginal note:Revocation — appointment by another person
(8) The appointment, including a deemed appointment, other than as an associate patent agent, of one patent agent or all the patent agents at the same firm, in respect of a patent or an application for a patent by a person other than an applicant for a patent or a patentee is revoked if
(a) a notice to that effect, signed by that person, by that one patent agent or by any of the patent agents at that firm, is submitted to the Commissioner;
(b) a document signed by that person authorizing a foreign practitioner to revoke the appointment is submitted to the Commissioner at the same time as a notice revoking the appointment signed by that foreign practitioner; or
(c) the licence of that one patent agent, or each of the patent agents at that firm, is suspended, revoked or surrendered.
- SOR/2021-131, s. 7
- Date modified: