Patent Rules

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 in any business before the Patent Office may appoint a patent agent who resides in Canada as an associate patent agent in respect of that business.

• Marginal note:Mandatory appointment of associate patent agent

  (2) A patent agent who does not reside in Canada and is appointed as the patent agent by an applicant for a patent, a patentee or other person to represent them in any business before the Patent Office, must appoint a patent agent who resides in Canada as an associate patent agent in respect of that business.

• Marginal note:Manner of appointment

  (3) The appointment of an associate patent agent 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 signed by the patent agent appointing the associate patent agent and submitted to the Commissioner;

  • (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 if the petition is submitted by a patent agent;

  • (c) in respect of a PCT national phase application, in a notice to that effect submitted to the Commissioner by a patent agent 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 if the petition is submitted by a patent agent.

• Marginal note:Associate patent agent by default — patents

  (4) If a patent agent appoints an associate patent agent in respect of an application for a patent, the patent agent is deemed, unless the appointment document indicates otherwise, to have also appointed the associate agent in respect of any patent granted on the basis of the application.

• Marginal note:Revocation of appointment of associate patent agent

  (5) The appointment, including a deemed appointment, of an associate patent agent in respect of any business before the Patent Office is revoked if

  • (a) a notice to that effect, signed by the associate patent agent or the patent agent who appointed the associate patent agent, is submitted to the Commissioner;

  • (b) the appointment of the patent agent who appointed the associate patent agent is revoked in respect of that business;

  • (c) the Commissioner refuses, under section 16 of the Act, to recognize the associate patent agent as a patent agent, either generally or in respect of that business; or

  • (d) the Commissioner, under subsection 23(2), removes the name of the associate patent agent from the register of patent agents.