CIPO amendement requires declaration of the applicant's entitlement for patent Print E-mail
Written by Felix Da Silva (fdasilva@bitnip.com)   
Sunday, 03 June 2007

canada_maple_leaf.jpgThe Canadian Intellectual Property Office's (CIPO) amendment is now in force and that CIPO now requires a declaration as to how the named applicant(s) is/are entitled to apply for and be granted a patent.


In the amendment which can be found here, #23 of that document states that:

Subsection 3(2) of Form 3 of Schedule I to the Rules is replaced by the following:

(2) The applicant is entitled to apply for and be granted a patent by virtue of the following:

(i) (name) of (complete address) is the inventor of the subject matter for which protection is sought by way of this application,

(ii) (name) [is] [was] entitled as employer of the inventor, (inventor's name),

(iii) an agreement between (name) and (name), dated ,

(iv) an assignment from (name) to (name), dated ,

(v) consent from (name) in favour of (name), dated ,

(vi) a court order issued by (name of court), effecting a transfer from (name) to (name), dated ,

(vii) transfer of entitlement from (name) to (name) by way of (specify kind of transfer), dated ,

(viii) the applicant's name changed from (name) to (name) on (date).

So remember that when you are filing your Canadian patents, remember to follow these new rules.

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