Remaking Delegations

Date Published

A delegation MUST be remade in the following circumstances:

  • any amendment to the statutory provisions which the instrument of delegation specifically delegates; or

  • any change in the identification of the prescribed employees, or the prescribed class of employees, to which the delegation applies.

However, when there is a temporary or permanent change in the person occupying the position of Commissioner of Patents, the delegation is not required to be remade immediately. A delegation is from the Office of the Commissioner of Patents, and is not a personal delegation from the person occupying the Office. Thus, a delegation does not lose its effectiveness through a change in the person occupying the Office of Commissioner.