Public Servants Inventions Act
R.S.C., 1985, c. P-32
An Act respecting inventions by public servants
Marginal note:Short title
- R.S., c. P-31, s. 1.
2. In this Act,
« 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;
« 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” 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;
« fonctionnaire »
“public servant” means any person employed in a department, and includes a member of the Canadian Forces or the Royal Canadian Mounted Police.
- R.S., c. P-31, s. 2;
- 1984, c. 31, s. 14.
INVENTIONS VESTED IN HER MAJESTY
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.
- R.S., c. P-31, s. 3.
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.
- R.S., c. P-31, s. 4.
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