Marginal note:Power to appoint associate patent agent
28 (1) A patent agent appointed by an applicant for a patent, a patentee or other person to represent them before the Patent Office in respect of a patent or an application for a patent may appoint one patent agent or all the patent agents at the same firm as an associate patent agent in respect of that patent or application.
(2) [Repealed, SOR/2021-131, s. 8]
Marginal note:Manner of appointment
(3) The appointment of one patent agent or all the patent agents at the same firm as an associate patent agent 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 signed by the patent agent appointing the associate patent agent and submitted to the Commissioner;
(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 if the petition is submitted by a patent agent;
(c) in respect of a PCT national phase application, in a notice to that effect submitted to the Commissioner by a patent agent 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 if the petition is submitted by a patent agent.
Marginal note:Associate patent agent by default — patents
(4) Any associate patent agent appointed in respect of an application for a patent under subsection (3) is 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 of appointment — one associate patent agent acting alone
(5) The appointment, including a deemed appointment, of one patent agent as an associate patent agent in respect of a patent or an application for a patent is revoked if
(a) in the case where the associate patent agent was appointed by one patent agent who was appointed under subsection 27(3) or (4),
(i) a notice of revocation signed by the associate patent agent or the patent agent is submitted to the Commissioner,
(ii) the associate patent agent’s licence is suspended, revoked or surrendered, or
(iii) the appointment of the patent agent is revoked; and
(b) in the case where the associate patent agent was appointed by one of the patent agents at the same firm who were appointed under subsection 27(3) or (4),
(i) a notice of revocation signed by the associate patent agent or by one of the patent agents at the firm is submitted to the Commissioner,
(ii) the associate patent agent’s licence is suspended, revoked or surrendered, or
(iii) the appointment of all the patent agents at the firm is revoked.
Marginal note:Revocation of appointment — associate patent agent
(5.1) The appointment, including a deemed appointment, as an associate patent agent, of all the patent agents at the same firm in respect of a patent or an application for a patent is revoked if
(a) in the case where they were appointed by one patent agent who was appointed under subsection 27(3) or (4),
(i) a notice of revocation signed by one of the patent agents at the firm acting as an associate patent agent or by the patent agent who appointed them is submitted to the Commissioner,
(ii) the licence of each of the patent agents acting as an associate patent agent is suspended, revoked or surrendered, or
(iii) the appointment of the patent agent is revoked; and
(b) in the case where they were appointed by one of the patent agents at the same firm who were appointed under subsection 27(3) or (4),
(i) a notice of revocation signed by one of the patent agents at the firm acting as an associate patent agent, or by one of the patent agents at the firm that appointed them, is submitted to the Commissioner,
(ii) the licence of each of the patent agents acting as an associate patent agent is suspended, revoked or surrendered, or
(iii) the appointment under subsection 27(3) or (4) of all the patent agents at the firm is revoked.
- SOR/2021-131, s. 8
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