Marginal note:Power to appoint patent agent
27 (1) An applicant for a patent, a patentee or other person may appoint a patent agent to represent them in any business before the Patent Office.
Marginal note:Mandatory appointment of patent agent
(2) An applicant for a patent must appoint a patent agent to represent them before the Patent Office in respect of their application for a patent if
(a) the application is filed by a person other than the inventor;
(b) there is more than one inventor and the application is not filed jointly by all of the inventors; or
(c) a transfer, in whole or in part, of the application has been recorded by the Commissioner under section 49 of the Act.
Marginal note:Manner of appointment by applicant or patentee
(3) The appointment of a patent agent by an applicant for a patent or a patentee 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 submitted to the Commissioner and signed by
(i) the applicant or patentee, if there is a single applicant or patentee, or
(ii) the common representative, if there are joint applicants or patentees;
(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;
(c) in respect of a PCT national phase application, in a notice to that effect submitted to the Commissioner 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.
Marginal note:Manner of appointment by another person
(4) The appointment of a patent agent, other than an associate patent agent, by a person other than an applicant for a patent or a patentee must be made in a notice to that effect that is signed by that person and submitted to the Commissioner.
Marginal note:Consent to appointment
(5) If a person, other than a patent agent, submits to the Commissioner a document appointing a patent agent, other than an associate patent agent, the appointment is not effective until evidence of the consent to that appointment by the patent agent who is being appointed is submitted to the Commissioner.
Marginal note:Patent agent by default — patent
(6) If a person appoints a patent agent to represent them before the Patent Office in respect of an application for a patent, the person is deemed, unless the appointment document indicates otherwise, to have also appointed the patent agent to represent them before the Patent Office in respect of any patent granted on the basis of that application.
Marginal note:Revocation — appointment by applicant or patentee
(7) The appointment, including a deemed appointment, of a patent agent in respect of any business before the Patent Office by an applicant for a patent or a patentee is revoked if
(a) a notice to that effect is submitted to the Commissioner and signed by the patent agent or by
(i) the applicant or patentee, if there is a single applicant or patentee, or
(ii) the common representative, if there are joint applicants or patentees;
(b) the Commissioner refuses, under section 16 of the Act, to recognize the patent agent as a patent agent either generally or in respect of that business; or
(c) the Commissioner, under subsection 23(2), removes the name of the patent agent from the register of patent agents.
Marginal note:Revocation — appointment by another person
(8) The appointment, including a deemed appointment, of a patent agent, other than an associate patent agent, in respect of any business before the Patent Office by a person other than an applicant for a patent or a patentee is revoked if
(a) a notice to that effect, signed by the patent agent or that person, is submitted to the Commissioner;
(b) the Commissioner refuses under section 16 of the Act to recognize the patent agent as a patent agent either generally or in respect of that business; or
(c) the Commissioner, under subsection 23(2), removes the name of the patent agent from the register of patent agents.
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