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  1. Public Servants Inventions Regulations - C.R.C., c. 1332 (SCHEDULE)
    Regulations Respecting Public Servants Inventions Made Pursuant to the Public Servants Inventions Act

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    This part of the form may be varied at the discretion of each department.

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    Omit words in brackets that are not applicable.

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    Omit words in brackets that are not applicable.

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    Sheweth:

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    • (2) That the said invention was made while your petitioner(s) (was) (were) employed as (a) public servant(s) as defined in the Public Servants Inventions Act in (the Department of) and, pursuant to section 5 of that Act, the said invention has been determined to be (not) (jointly) vested in Her Majesty in right of Canada as represented by the Minister of (and the person(s) named in paragraph (1)).

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      • (2) That the said invention was made while your petitioner(s) (was) (were) employed as (a) public servant(s) as defined in the Public Servants Inventions Act in (the Department of) (and) (but) in accordance with section 3 of that Act your petitioner(s) verily believe(s) that the said invention is (not) vested in Her Majesty in right of Canada as represented by the Minister of (and in the person(s) named in paragraph (1)).

    • (3) That your petitioner(s) verily believe(s) that Her Majesty in right of Canada as represented by the Minister of (and name(s) of inventor(s) who (is) (are) not (a) public servant(s)) (is) (are) entitled to a patent for the said invention having regard to the provisions of the Patent Act.

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    • Omit this paragraph if there is no request for priority.

      (4) That your petitioner(s) request(s) that this application be treated as entitled to the rights accorded by section 29 of the Patent Act having regard to the application(s) of which particulars are set out below, and represent(s) that the said application(s) (is) (are) the first application(s) for patent for the said invention filed by the inventor(s) or any one claiming under (him) (any of them) in any country that, by treaty, convention or law, affords similar rights to citizens of Canada. (Give particulars here ONLY of the application or applications upon which the claim for priority is based.)

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    • (7) That your petitioner(s) therefore pray(s) that a patent for the said invention may be granted (jointly) to the person(s) entitled thereto as set out in paragraph (3).

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    Sheweth:

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    • (2) That the said invention was made while the inventor(s) named in paragraph (1) (was) (were) employed as (a) public servant(s) as defined in the Public Servants Inventions Act in (the Department of)

    • (3) That your petitioner(s) verily believe(s) that (he) (they) and (either) (the above named public servant inventor(s)) (or) (Her Majesty in right of Canada as represented by the Minister of ) (as determined pursuant to the Public Servants Inventions Act) are entitled to a patent for the invention having regard to the provisions of the Patent Act.

    • Omit this paragraph if there is no request for priority.

      (4) That your petitioner(s) request(s) that this application be treated as entitled to the rights accorded by section 29 of the Patent Act having regard to the application(s) of which particulars are set out below, and represent(s) that the said application(s) (is) (are) the first application(s) for patent for the said invention filed by the inventor(s) or any one claiming under (him) (any of them) in any country that, by treaty, convention or law, affords similar rights to citizens of Canada. (Give particulars here ONLY of the application or applications upon which the claim for priority is based.)

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    • Omit words in brackets that are not applicable.

      (7) That your petitioner(s) therefore pray(s) that a patent for the invention may be granted jointly to (him) (them) and (either) (the above named public servant inventor(s) (or) (Her Majesty in right of Canada as represented by the Minister of ) (as determined pursuant to the Public Servants Inventions Act).

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    Omit words in brackets that are not applicable.

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    Sheweth:

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    • (2) That the said invention was made while name(s) of public servant inventor(s) (was) (were) employed as (a) public servant(s) as defined in the Public Servants Inventions Act in (the Department of) and, pursuant to section 5 of that Act, the said invention has been determined to be (not) (jointly) vested in Her Majesty in right of Canada as represented by the Minister of (and in name(s) of inventor(s) who (is) (are) not (a) public servant(s)

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      • (2) That the said invention was made while name(s) of public servant inventor(s) (was) (were) employed as (a) public servant(s) as defined in the Public Servants Inventions Act in (the Department of) (and) (but) in accordance with section 3 of that Act your petitioner(s) verily believe(s) that the said invention is (not) vested in Her Majesty in right of Canada as represented by the Minister of (and name(s) of inventor(s) who (is) (are) not (a) public servant(s)

    • (3) That your petitioners verily believe that Her Majesty in right of Canada as represented by the Minister of and name(s) of inventor(s) who (is) (are) not (a) public servant(s) are entitled to a patent for the invention having regard to the provisions of the Patent Act.

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    • Omit this paragraph if there is not request for priority.

      (4) That your petitioners request that this application be treated as entitled to the rights accorded by section 29 of the Patent Act having regard to the application(s) of which particulars are set out below, and represents that the said application(s) (is) (are) the first application(s) for patent for the said invention filed by the inventors or any one claiming under any of them in any country that, by treaty, convention or law, affords similar rights to citizens of Canada. (Give particulars here ONLY of the application or applications upon which the claim for priority is based.)

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    • (7) That your petitioners therefore pray that a patent may be granted jointly to the persons entitled thereto as set out in paragraph (3).

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    Omit words in brackets that are not applicable.

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    Sheweth:

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    • (2) That the said invention was made while name(s) of public servant(s) (was) (were) employed as (a) public servant(s) as defined in the Public Servants Inventions Act in (the Department of) and, pursuant to section 5 of that Act, the said invention has been determined to be vested in Her Majesty in right of Canada as represented by the Minister of (and name(s) of inventor(s) who (is) (are) not (a) public servant(s) (And that your petitioner is the assignee of the entire right of name(s) of inventor(s) who (is) (are) not (a) public servant(s) to obtain a patent for the said invention.)

    • (3) That your petitioner(s) verily believe(s) that Her Majesty in right of Canada as represented by the Minister of (and name(s) of inventor(s) who (is) (are) not (a) public servant(s) (is) (are) entitled to a patent for the invention having regard to the provisions of the Patent Act.

    • Omit this paragraph if there is not request for priority.

      (4) That your petitioner(s) request(s) that this application be treated as entitled to the rights accorded by section 29 of the Patent Act having regard to the application(s) of which particulars are set out below, and represents that the said application(s) (is) (are) the first application(s) for patent for the said invention filed by the inventor(s) or any one claiming under (him) (any of them) in any country that, by treaty, convention or law, affords similar rights to citizens of Canada. (Give particulars here ONLY of the application or applications upon which the claim for priority is based.)

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    • (7) That your petitioner(s) therefore pray(s) that a patent for the invention be granted (jointly) to Her Majesty in right of Canada as represented by the Minister of (and name(s) of inventor(s) who (is) (are) not (a) public servant(s)).

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  2. Public Servants Inventions Regulations - C.R.C., c. 1332 (Section 14)
    Regulations Respecting Public Servants Inventions Made Pursuant to the Public Servants Inventions Act
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    • (3) The representative of the Department of Consumer and Corporate Affairs shall act as the chairman of the Public Servants Inventions Committee and the representative of the Treasury Board shall act as the secretary of the Committee.


  3. Public Servants Inventions Regulations - C.R.C., c. 1332 (Section 7)
    Regulations Respecting Public Servants Inventions Made Pursuant to the Public Servants Inventions Act
    •  (1) Subject to subsection (2),

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      • (b) section 48 of the Federal Courts Act and the Federal Court Rules are applicable to such an appeal or application as though it were a proceeding instituted under section 48 of the Federal Courts Act.

    • (2) In a proceeding instituted under this section, the words “NOTICE OF APPEAL” or “APPLICATION”, as the case may be, shall be substituted for the words “STATEMENT OF CLAIM” or “DECLARATION” where they appear in Schedule A of the Federal Courts Act.

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  4. Public Servants Inventions Regulations - C.R.C., c. 1332 (Section 3)
    Regulations Respecting Public Servants Inventions Made Pursuant to the Public Servants Inventions Act

     A question as to whether an invention is vested in Her Majesty by the Act is, for the purposes of subsection 5(1) of the Act, deemed to have arisen and to have been referred to the appropriate Minister on the date that the public servant who invented the invention furnishes to that Minister, or an officer designated by him, a statement in Form 1 of the schedule completed as required by section 2.


  5. Public Servants Inventions Regulations - C.R.C., c. 1332 (Section 2)
    Regulations Respecting Public Servants Inventions Made Pursuant to the Public Servants Inventions Act

     Every public servant who invents an invention shall furnish to the appropriate Minister, in addition to any information required by the appropriate Minister under paragraph 4(1)(a) of the Public Servants Inventions Act, hereinafter referred to as the Act, a statement, in Form 1 of the schedule,

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    • (b) setting out such information as may be useful in determining whether the invention is vested in Her Majesty by the Act.

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