Patent Rules (SOR/96-423)

17. Where the name of a patent agent has been removed from the register of patent agents pursuant to subsection 16(3), it may be reinstated on the register if the patent agent

• (a) applies to the Commissioner, in writing, for reinstatement within the one-year period after the date on which the name of the patent agent was removed from the register;

• (b) pays the fee set out in item 36 of Schedule II for applying for reinstatement on the register;

• (c) pays the fee referred to in paragraph 16(1)(a) for maintaining the name of the patent agent on the register or files the statement referred to in paragraph 16(1)(b) or (c), as the case may be; and

• (d) meets the requirements referred to in section 15 for entry of the name of the patent agent on the register.

18. Any decision of the Commissioner under section 16 of the Act to refuse to recognize a person as a patent agent and any decision of the Commissioner under subsection 16(3) to remove the name of a person from the register of patent agents shall be without delay entered in the register of patent agents and published in the Canadian Patent Office Record and a copy shall be sent by registered mail to the person referred to in the decision.

• 19. (1) If the Commissioner makes a decision under section 16 of the Act that a person be refused recognition as a patent agent or makes a decision under subsection 16(3) to remove the name of a person from the register of patent agents, any correspondence respecting an application sent by the Commissioner or by the Patent Office to that person within the six-month period before the date of the decision and to which no reply has been made by that date is deemed not to have been sent to the applicant.

• (2) An application filed by a person who has been refused recognition as a patent agent by the Commissioner or whose name has been removed from the register of patent agents or an application that includes an appointment of such a person as patent agent of the applicant or as associate patent agent shall be treated by the Commissioner as an application filed by the applicant or by the patent agent who appointed the associate patent agent.

• 20. (1) An applicant who is not an inventor shall appoint a patent agent to prosecute the application for the applicant.

• (2) The appointment of a patent agent shall be made in the petition or by submitting to the Commissioner a notice signed by the applicant.

• (3) The appointment of a patent agent may be revoked by submitting to the Commissioner a notice of revocation signed by the applicant or that patent agent.

• 21. (1) Every patent agent who does not reside in Canada and who is appointed as the patent agent for an applicant in respect of an application shall appoint as the associate patent agent in respect of the application a patent agent who resides in Canada.

• (2) Every patent agent who resides in Canada and who is appointed as the patent agent for an applicant in respect of an application may appoint as the associate patent agent in respect of the application a patent agent who resides in Canada.

• (3) The appointment of an associate patent agent shall be made in the petition or by submitting to the Commissioner a notice signed by the patent agent who appointed the associate patent agent.

• (4) The appointment of an associate patent agent may be revoked by submitting to the Commissioner a notice of revocation signed by the associate patent agent or the patent agent who appointed the associate patent agent.