Marginal note:Short title

1. This Act may be cited as the Public Servants Inventions Act.

Marginal note:Definitions

2. In this Act,

“appropriate minister”

« ministre compétent »

“appropriate minister”, in relation to a public servant, means the minister who under the Financial Administration Act is the appropriate minister with respect to the department in which the public servant is employed;

“department”

« ministère »

“department” means a department as defined in the Financial Administration Act, and includes an agent corporation, as defined in section 83 of that Act, that is named in Part I of Schedule III to that Act;

“invention”

« invention »

“invention” means any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement in any art, process, machine, manufacture or composition of matter;

“public servant”

« fonctionnaire »

“public servant” means any person employed in a department, and includes a member of the Canadian Forces or the Royal Canadian Mounted Police.

Marginal note:Inventions vested in Her Majesty

3. The following inventions, and all rights with respect thereto in Canada or elsewhere, are vested in Her Majesty in right of Canada, namely,

• (a) an invention made by a public servant while acting within the scope of his duties or employment, or made by a public servant with facilities, equipment or financial aid provided by or on behalf of Her Majesty; and

• (b) an invention made by a public servant that resulted from or is connected with his duties or employment.

Marginal note:Duties of inventor

• 4. (1) Every public servant who makes an invention

  • (a) shall inform the appropriate minister of the invention and shall provide the minister with such information and documents with respect thereto as the minister requires;

  • (b) shall not file outside Canada an application for a patent in respect of the invention without the written consent of the appropriate minister; and

  • (c) shall, in any application in Canada for a patent in respect of the invention, disclose in his application that he is a public servant.

• Marginal note:Duties of Commissioner of Patents

  (2) If it appears to the Commissioner of Patents that an application for a patent relates to an invention made by a public servant, the Commissioner shall inform the appropriate minister of the application and give to the minister such information with respect thereto as the minister requires.