Marginal note:Procedure relating to patent
37 (1) Subject to subsection (2), in any business before the Patent Office for the purpose of a procedure relating to a patent,
(a) if there is a single patentee, they must represent themselves or be represented by any person authorized by them; and
(b) if there are joint patentees,
(i) for the purpose of paying a fee under section 46 of the Act, the patentees must be represented by one of the patentees or by a person authorized by one of the patentees,
(ii) for the purpose of submitting a request to record a transfer under subsection 49(3) of the Act,
(A) in the case where the transfer is a transfer of the right or interest of a single joint patentee, the joint patentees must be represented by that joint patentee or by the common representative, or by a person authorized by that joint patentee or by the common representative, and
(B) in any other case, the joint patentees must be represented by the common representative or a person authorized by the common representative, and
(iii) for any other purpose, the patentees must be represented by the common representative or by a person authorized by the common representative.
Marginal note:Reissue, disclaimer or participation in re-examination
(2) In any business before the Patent Office for the purpose of reissuing a patent under section 47 of the Act, making a disclaimer under section 48 of the Act, filing a reply under subsection 48.2(5) of the Act or participating in a re-examination proceeding under section 48.3 of the Act,
(a) if there is a single patentee, they must represent themselves or be represented by a patent agent who has been appointed in respect of that business; and
(b) if there are joint patentees, the patentees must be represented by the common representative or by a patent agent who has been appointed in respect of that business.
- SOR/2021-131, s. 12
- Date modified: