Patent Act

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• (3) [Repealed, 1993, c. 15, s. 44]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.