Patent Rules (SOR/96-423)

Regulations are current to 2013-05-20 and last amended on 2011-03-03. Previous Versions

  • 14. (1) The Examining Board shall administer a qualifying examination for patent agents every year in the month of April.

  • (2) The Commissioner shall give notice in the Canadian Patent Office Record of the date of the qualifying examination and shall indicate in the notice that any person who proposes to sit for the examination shall, within the time specified in the notice, notify the Commissioner in writing and pay the fee set out in item 34 of Schedule II.

  • (3) The Commissioner shall designate the place or places where the qualifying examination is to be held and shall notify by registered mail, at least two weeks before the date of the examination, every person who has complied with the requirements set out in subsection (2).

15. The Commissioner shall enter on the register of patent agents, on payment of the fee set out in item 33 of Schedule II, the name of

  • (a) any resident of Canada who has demonstrated a good knowledge of Canadian patent law and practice by passing the qualifying examination for patent agents relating to patent law and practice;

  • (b) any resident of a country other than Canada who is registered and in good standing with the patent office of that country or with a regional patent office for that country; and

  • (c) any firm, if the name of at least one member of the firm is entered on the register.

  • 16. (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) [Repealed, SOR/2009-319, s. 3]

  • SOR/2009-319, s. 3.
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