Marginal note:Representation — application preceding coming-into-force date
218 In respect of an application preceding the coming-into-force date — other than a divisional application that has a presentation date on or after the coming-into-force date — for which there are joint applicants and in respect of which no common representative is appointed under paragraph 26(3)(a) or (c), in respect of which no correction or decision referred to in subsection 26(6) was made — other than a decision made before the coming-into-force date — and in respect of which subsection 26(9) does not apply,
(a) if, immediately before these Rules come into force, no patent agent residing in Canada is appointed
(i) subsections 26(4) to (6) do not apply, and
(ii) subject to subsection 26(11), the joint applicant who, immediately before these Rules come into force was the authorized correspondent under the former Rules, is deemed to be appointed as the common representative; and
(b) if, immediately before these Rules come into force, a patent agent residing in Canada is appointed,
(i) if the appointment of that patent agent has been revoked, the joint applicant whose name appears first when listed in alphabetical order at the time of the revocation is, subject to subsection 26(11), deemed to be appointed as the common representative, and
(ii) in any other case,
(A) subsections 26(4) to (6) and paragraph 27(7)(a) do not apply,
(B) any appointment of a patent agent by the applicants on or after the coming-into-force date may, despite subsection 27(3), be made only by a notice to that effect signed by all of the applicants and submitted to the Commissioner, and
(C) an appointment of a patent agent may be revoked by submitting to the Commissioner a notice to that effect signed by all of the applicants or by that patent agent.
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