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Patent Rules

Version of section 37 from 2019-10-30 to 2021-06-27:


Marginal note:Procedure relating to patent

  •  (1) Subject to subsection (2), in any business before the Patent Office for the purpose of a procedure relating to a patent,

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

    • (b) if there are joint patentees,

      • (i) for the purpose of paying a fee under section 46 of the Act, the patentees must be represented by one of the patentees or by a person authorized by one of the patentees,

      • (ii) for the purpose of submitting a request to record a transfer under subsection 49(3) of the Act,

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

        • (B) in any other case, the joint patentees must be represented by the common representative or a person authorized by the common representative, and

      • (iii) for any other purpose, the patentees must be represented by the common representative or by a person authorized by the common representative.

  • Marginal note:Reissue, disclaimer or participation in re-examination

    (2) In any business before the Patent Office for the purpose of reissuing a patent under section 47 of the Act, making a disclaimer under section 48 of the Act, filing a reply under subsection 48.2(5) of the Act or participating in a re-examination proceeding under section 48.3 of the Act,

    • (a) if there is a single patentee, they must represent themselves or be represented by a patent agent who resides in Canada and has been appointed in respect of that business; and

    • (b) if there are joint patentees, the patentees must be represented by the common representative or by a patent agent who resides in Canada and has been appointed in respect of that business.


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