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Patent Rules

Version of section 218 from 2022-10-03 to 2024-02-06:


Marginal note:Representation — application filed before October 30, 2019

 In respect of an application for a patent for which the filing date is before October 30, 2019 — other than a divisional application that has a presentation date on or after October 30, 2019 — 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 October 30, 2019 — and in respect of which subsection 26(9) does not apply,

  • (a) if, before October 30, 2019, 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, before October 30, 2019 was the authorized correspondent under the former Rules, is deemed to be appointed as the common representative; and

  • (b) if, before October 30, 2019, 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    • (i) if the appointment of that patent agent has been revoked, the joint applicant whose name appears first when listed in alphabetical order at the time of the revocation is, subject to subsection 26(11), deemed to be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 October 30, 2019 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.

  • SOR/2022-120, s. 49
  • SOR/2022-120, s. 55

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