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