Patent Act (R.S.C., 1985, c. P-4)

Act current to 2014-06-12 and last amended on 2013-06-26. Previous Versions

Marginal note:Appeals
  •  (1) Any decision of a re-examination board set out in a certificate issued under subsection 48.4(1) is subject to appeal by the patentee to the Federal Court.

  • Marginal note:Limitation

    (2) No appeal may be taken under subsection (1) after three months from the date a copy of the certificate is sent by registered mail to the patentee.

  • R.S., 1985, c. 33 (3rd Supp.), s. 18.

ASSIGNMENTS AND DEVOLUTIONS

Marginal note:Assignee or personal representatives
  •  (1) A patent may be granted to any person to whom an inventor, entitled under this Act to obtain a patent, has assigned in writing or bequeathed by his last will his right to obtain it, and, in the absence of an assignment or bequest, the patent may be granted to the personal representatives of the estate of the deceased inventor.

  • Marginal note:Assignees may object

    (2) Where an applicant for a patent has, after filing the application, assigned his right to obtain the patent, or where the applicant has either before or after filing the application assigned in writing the whole or part of his property or interest in the invention, the assignee may register the assignment in the Patent Office in such manner as may be determined by the Commissioner, and no application for a patent may be withdrawn without the consent in writing of every such registered assignee.

  • Marginal note:Attestation

    (3) No assignment shall be registered in the Patent Office unless it is accompanied by the affidavit of a subscribing witness or established by other proof to the satisfaction of the Commissioner that the assignment has been signed and executed by the assignor.

  • R.S., 1985, c. P-4, s. 49;
  • R.S., 1985, c. 33 (3rd Supp.), s. 19.
Marginal note:Patents to be assignable
  •  (1) Every patent issued for an invention is assignable in law, either as to the whole interest or as to any part thereof, by an instrument in writing.

  • Marginal note:Registration

    (2) Every assignment of a patent, and every grant and conveyance of any exclusive right to make and use and to grant to others the right to make and use the invention patented, within and throughout Canada or any part thereof, shall be registered in the Patent Office in the manner determined by the Commissioner.

  • Marginal note:Attestation

    (3) No assignment, grant or conveyance shall be registered in the Patent Office unless it is accompanied by the affidavit of a subscribing witness or established by other proof to the satisfaction of the Commissioner that the assignment, grant or conveyance has been signed and executed by the assignor and by every other party thereto.

  • R.S., 1985, c. P-4, s. 50;
  • R.S., 1985, c. 33 (3rd Supp.), s. 20.
Marginal note:When assignment void

 Every assignment affecting a patent for invention, whether it is one referred to in section 49 or 50, is void against any subsequent assignee, unless the assignment is registered as prescribed by those sections, before the registration of the instrument under which the subsequent assignee claims.

  • R.S., c. P-4, s. 53.