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Marginal note:Power of joint applicants to appoint common representative

• 26 (1) If, in respect of an application for a patent, there are joint applicants, one applicant may be appointed by the other applicants as their common representative.

• Marginal note:Power of joint patentees to appoint common representative

  (2) If, in respect of a patent, there are joint patentees, one patentee may be appointed by the other patentees as their common representative.

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• Marginal note:Common representative by default — application for patent

  (4) Subject to subsections (6), (9) and (11), in respect of an application for a patent — other than a divisional application — in relation to which there are joint applicants and no common representative is appointed under subsection (3), the following person is deemed to be appointed as the common representative:

  • (a) in respect of an application for a patent, other than a PCT national phase application,

    • (i) in the case where the application included a petition on the filing date, the first person named as an applicant in that petition,

  • (b) in respect of a PCT national phase application,

    • (i) if joint applicants are named in the corresponding request under Article 4 of the Patent Cooperation Treaty, if more than one applicant complied with the requirements of subsection 154(1) and, if applicable, subsection 154(2), and if the first person named as an applicant in that request is one of those applicants, the first person named as an applicant in that request, and

• Marginal note:Common representative by default — divisional application

  (5) Subject to subsections (6), (9) and (11), in respect of a divisional application, in relation to which there are joint applicants and no common representative is appointed under paragraph (3)(a), the following person is deemed to be appointed as the common representative:

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  • (b) in any other case, the first person named as an applicant in the petition contained in the divisional application on its presentation date.

• Marginal note:Common representative by default — correction or decision

  (6) Subject to subsections (9) and (11), in respect of an application for a patent in relation to which there are joint applicants and no common representative is appointed under subsection (3), if a correction has been made with respect to the naming of applicants under section 104 or subsection 154(6) and the correction has changed the identity of the applicants, or if a decision is made by the Commissioner under subsection 31(2), (3) or (4) of the Act, other than a decision refusing an application under one of those subsections, the joint applicant whose name appears first when listed in alphabetical order after that correction or decision — or if there is more than one correction or decision, or both a correction and a decision, after the most recent of those corrections or decisions — is deemed to be appointed as the common representative.

• Marginal note:Common representative by default — patent

  (7) Subject to subsections (9) and (11), in respect of a patent — other than a reissued patent — in relation to which there are joint patentees and no common representative is appointed under paragraph (3)(a), the person who, immediately before the patent was granted, was the common representative in respect of the application on the basis of which the patent was granted, is deemed to be appointed as the common representative in respect of the patent.

• Marginal note:Common representative by default — reissued patent

  (8) Subject to subsections (9) and (11), in respect of a reissued patent, in relation to which there are joint patentees and no common representative is appointed under paragraph (3)(a), the person who was the common representative in respect of the original patent immediately before the patent was reissued is deemed to be appointed as the common representative in respect of the reissued patent.

• Marginal note:Common representative by default — transfer of rights of single applicant or patentee

  (9) Subject to subsection (11), in the case where, under section 49 of the Act, the Commissioner, on or after the applicable date referred to in subsection (10), recorded the transfer of all or part of the rights of an applicant in an application for a patent or all or part of the rights of a patentee in a patent, as set out in the records of the Patent Office immediately before the transfer is recorded, that applicant was the only applicant of the application immediately before the transfer was recorded, or that patentee was the only patentee of the patent immediately before the transfer was recorded, no other person has been a single applicant of that application or a single patentee of that patent since that transfer was recorded and no common representative has been appointed under subsection (3) in respect of that application or that patent, the following person is deemed to be appointed as the common representative in respect of that patent or application:

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• Marginal note:Common representative by default — transfer of rights of common representative

  (11) If, under section 49 of the Act, the Commissioner records the transfer of all of the rights of a common representative in a patent or an application for a patent, as set out in the records of the Patent Office immediately before the transfer is recorded, and, immediately after the transfer is recorded, there is still more than one applicant for the patent or more than one patentee for the patent but no other common representative is appointed under paragraph (3)(a), the following person is deemed to be appointed as the common representative in respect of that patent or application:

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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.

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• 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:

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• 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

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• 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

  • (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

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Marginal note:Definitions

• 1 (1) The following definitions apply in these Rules.

  international depositary authority

  international depositary authority  has the same meaning as in Article 2(viii) of the Budapest Treaty. (autorité de dépôt internationale)

  national phase entry date

  national phase entry date  means the date determined under subsection 155(2) or section 210, as applicable. (date d’entrée en phase nationale)

  PCT national phase application

  PCT national phase application  means an international application in respect of which the applicant

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  • (b) has, before October 30, 2019, complied with the requirements of subsection 58(1) and, if applicable, subsection 58(2) of the Patent Rules, as they read immediately before that date. (demande PCT à la phase nationale)

  PCT sequence listing standard

  PCT sequence listing standard  means Standard ST.26 of the World Intellectual Property Organization, Recommended Standard for the Presentation of Nucleotide and Amino Acid Sequence Listings using XML (eXtensible Markup Language), as amended from time to time. (norme PCT de listages des séquences)

  presentation date

  presentation date  means the date determined under subsection 103(2) or 202(2), as applicable. (date de soumission)

  sequence listing

  sequence listing  has the same meaning as in the PCT sequence listing standard. (listage des séquences)

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• Marginal note:Reference to period

  (3) A reference to a period of time in these Rules is, if the period is extended under section 3 or subsection 160(2) of these Rules or subsection 78(1) of the Act, to be read as a reference to the period as extended.

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2 In these Rules,

amino acid sequence

amino acid sequence  has the same meaning as in the PCT sequence listing standard; (séquence d’acides aminés)

application

application  means, except as otherwise provided by these Rules, an application for a patent, but does not include an application for the reissue of a patent; (demande)

claims

claims  means claims referred to in subsection 27(4) of the Act or in subsection 34(2) of the Act as it read immediately before October 1, 1989; (revendications)

nucleotide sequence

nucleotide sequence  has the same meaning as in the PCT sequence listing standard; (séquence de nucléotides)

sequence listing

sequence listing  has the same meaning as in the PCT sequence listing standard; (listage des séquences)

the Act as it read immediately before October 1, 1989

the Act as it read immediately before October 1, 1989  means the provisions of the Patent Actas it read immediately before October 1, 1989 subject, where applicable, to any amendments to the Patent Act coming into force

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