Marginal note:Patentee may disclaim anything included in patent by mistake
48. (1) Whenever, by any mistake, accident or inadvertence, and without any wilful intent to defraud or mislead the public, a patentee has
(a) made a specification too broad, claiming more than that of which the patentee or the person through whom the patentee claims was the inventor, or
(b) in the specification, claimed that the patentee or the person through whom the patentee claims was the inventor of any material or substantial part of the invention patented of which the patentee was not the inventor, and to which the patentee had no lawful right,
the patentee may, on payment of a prescribed fee, make a disclaimer of such parts as the patentee does not claim to hold by virtue of the patent or the assignment thereof.
Marginal note:Form and attestation of disclaimer
(2) A disclaimer shall be filed in the prescribed form and manner.
(3) [Repealed, 1993, c. 15, s. 44]
Marginal note:Pending suits not affected
(4) No disclaimer affects any action pending at the time when it is made, unless there is unreasonable neglect or delay in making it.
Marginal note:Death of patentee
(5) In case of the death of an original patentee or of his having assigned the patent, a like right to disclaim vests in his legal representatives, any of whom may exercise it.
Marginal note:Effect of disclaimer
(6) A patent shall, after disclaimer as provided in this section, be deemed to be valid for such material and substantial part of the invention, definitely distinguished from other parts thereof claimed without right, as is not disclaimed and is truly the invention of the disclaimant, and the disclaimant is entitled to maintain an action or suit in respect of that part accordingly.
- R.S., 1985, c. P-4, s. 48;
- R.S., 1985, c. 33 (3rd Supp.), s. 17;
- 1993, c. 15, s. 44.
Marginal note:Request for re-examination
48.1 (1) Any person may request a re-examination of any claim of a patent by filing with the Commissioner prior art, consisting of patents, applications for patents open to public inspection and printed publications, and by paying a prescribed fee.
Marginal note:Pertinency of request
(2) A request for re-examination under subsection (1) shall set forth the pertinency of the prior art and the manner of applying the prior art to the claim for which re-examination is requested.
Marginal note:Notice to patentee
(3) Forthwith after receipt of a request for re-examination under subsection (1), the Commissioner shall send a copy of the request to the patentee of the patent in respect of which the request is made, unless the patentee is the person who made the request.
- R.S., 1985, c. 33 (3rd Supp.), s. 18;
- 1993, c. 15, s. 45.
- Date modified: