Patent Rules

Marginal note:Prosecuting or maintaining in effect application for patent

• 36 (1) Subject to subsections (2) to (5), only the following persons are authorized to act in any business before the Patent Office for the purpose of prosecuting or maintaining in effect an application for a patent:

  • (a) if, in respect of the application, a patent agent is appointed or there is a requirement under subsection 27(2) to appoint a patent agent, the patent agent who is appointed; and

  • (b) in any other case,

    • (i) if there is a single applicant, the applicant, and

    • (ii) if there are joint applicants, the common representative.

• Marginal note:Exceptions

  (2) For the purposes of filing an application for a patent, paying a fee under subsection 27(2) or section 27.1 of the Act or paying the additional fee for late payment referred to in subsection 154(4) of these Rules, or complying with the requirements of subsection 154(1), (2) or (3) of these Rules,

  • (a) if there is a single applicant, they must represent themselves or be represented by a person authorized by the applicant; and

  • (b) if there are joint applicants, they must be represented by one of the applicants or by a person authorized by one of the applicants.

• Marginal note:Exceptions

  (3) For the purpose of submitting a request to record a transfer under subsection 49(2) of the Act,

  • (a) if there is a single applicant, they must represent themselves or be represented by a person authorized by the applicant; and

  • (b) if there are joint applicants,

    • (i) in the case where the transfer is a transfer of the right or interest of a single joint applicant, the joint applicants must be represented by that joint applicant or by the common representative, or by a person authorized by that joint applicant or by the common representative, and

    • (ii) in any other case, the joint applicants must be represented by the common representative or by a person authorized by the common representative.

• Marginal note:Exceptions

  (4) For the purposes of submitting a request to record a name change under section 125,

  • (a) if there is a single applicant, they must represent themselves or be represented by a person authorized by the applicant; and

  • (b) if there are joint applicants, they must be represented by the common representative or by a person authorized by the common representative.

• Marginal note:Exceptions

  (5) For the purposes of section 27.01 or 28.01 of the Act, for the purpose of paying a fee in respect of an application for a patent — other than a fee under subsection 27(2) or section 27.1 of the Act or a fee referred to in subsection 154(1), (2), (3) or (4) of these Rules — or for the purpose of taking any of the actions required by subparagraphs 73(3)(a)(i) to (iv) of the Act to reinstate an application for a patent deemed to be abandoned under paragraph 73(1)(c) of the Act,

  • (a) if there is a single applicant, they may represent themselves; and

  • (b) if there are joint applicants, they may be represented by the common representative.