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Patent Rules

Version of section 37 from 2010-10-01 to 2019-10-29:

  •  (1) If the applicant is the inventor, the application must contain a statement to that effect.

  • (2) If the applicant is not the inventor, the application must contain a statement indicating the name and address of the inventor and,

    • (a) in respect of an application other than a PCT national phase application, a declaration that the applicant is the legal representative of the inventor; and

    • (b) in respect of a PCT national phase application, either

      • (i) a declaration that the applicant is the legal representative of the inventor, or

      • (ii) a declaration as to the applicant’s entitlement, as at the filing date, to apply for and be granted a patent, in accordance with Rule 4.17 of the Regulations under the PCT.

  • (3) A statement or declaration required by subsection (1) or (2) shall be included in the petition or be submitted in a separate document.

  • (4) If an application does not comply with the requirements of subsections (1) to (3), the Commissioner shall, by notice to the applicant, requisition the applicant to comply with those requirements before the later of the expiry of the 3-month period after the date of the notice and the expiry of the 12-month period after the filing date of the application.

  • SOR/2009-319, s. 6

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