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Patent Rules

Version of section 31 from 2019-10-30 to 2021-06-27:


Marginal note:Notice requiring appointment of patent agent

  •  (1) If an applicant for a patent is required under subsection 27(2) to appoint a patent agent but no patent agent is appointed, the Commissioner must by notice to the applicant require that, not later than three months after the date of the notice, the applicant appoint either a patent agent who resides in Canada or a non-resident patent agent who, in turn, not later than the same three months, must appoint an associate patent agent.

  • Marginal note:Notice requiring appointment of Canadian resident

    (2) If an applicant for a patent is required under subsection 27(2) to appoint a patent agent and the applicant appoints a patent agent who does not reside in Canada but, contrary to subsection 28(2), no associate patent agent is appointed, the Commissioner must by notice to the non-resident patent agent require that, not later than three months after the date of the notice, either

    • (a) the non-resident patent agent appoint an associate patent agent, or

    • (b) the applicant appoint either a patent agent who resides in Canada or a different non-resident patent agent who, in turn, must appoint an associate patent agent not later than the same three months.

  • Marginal note:Exception

    (3) Subsection (2) does not apply during the three-month period referred to in subsection (1).


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