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Patent Rules

Version of section 16 from 2006-03-22 to 2010-09-30:

  •  (1) During the period beginning on January 1 and ending on March 31 in every year

    • (a) every person who is a resident of Canada and whose name is entered on the register of patent agents shall pay the fee set out in item 35 of Schedule II in order to maintain the person’s name on the register;

    • (b) every person who is a resident of another country and whose name is entered on the register of patent agents shall, in order to maintain the person’s name on the register, file a statement, signed by the person, indicating the person’s country of residence and stating that the person is registered and in good standing with the patent office of that country or with a regional patent office for that country; and

    • (c) every firm whose name is entered on the register of patent agents shall, in order to maintain its name on the register, file a statement indicating each member of the firm whose name is entered on the register, signed by a duly authorized member of the firm whose own name is entered on the register.

  • (2) The Commissioner shall send to every patent agent who fails to comply with subsection (1) a notice requiring compliance within the three-month period after the date of the notice.

  • (3) The Commissioner shall remove from the register of patent agents the name of any patent agent who

    • (a) fails to comply with a notice sent pursuant to subsection (2); or

    • (b) no longer meets the requirements by virtue of which the name of the patent agent was entered on the register.

  • (4) The removal by the Commissioner of the name of a person from the register of patent agents constitutes a refusal to recognize that person as a patent agent for the purposes of section 16 of the Act.


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