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Patent Act

Version of section 49 from 2019-10-30 to 2020-07-28:


Marginal note:Patent, application and right or interest in invention

  •  (1) A patent, an application for a patent, and the right or interest in an invention are transferable, in whole or in part.

  • Marginal note:Recording of transfer of application

    (2) The Commissioner shall, subject to the regulations, record the transfer of an application for a patent on the request of the applicant or, upon receipt of evidence satisfactory to the Commissioner of the transfer, on the request of a transferee of the application.

  • Marginal note:Recording of transfer of patent

    (3) The Commissioner shall, subject to the regulations, record the transfer of a patent on the request of the patentee or, upon receipt of evidence satisfactory to the Commissioner of the transfer, on the request of a transferee of the patent.

  • Marginal note:Transfer void

    (4) A transfer of a patent that has not been recorded is void against a subsequent transferee if the transfer to the subsequent transferee has been recorded.

  • Marginal note:Removal of recording

    (5) The Commissioner shall remove the recording of the transfer of an application for a patent or the transfer of a patent on receipt of evidence satisfactory to the Commissioner that the transfer should not have been recorded.

  • Marginal note:Limitation

    (6) The Commissioner is not authorized to remove the recording of a transfer of a patent for the reason only that the transferor had previously transferred the patent to another person.

  • R.S., 1985, c. P-4, s. 49
  • R.S., 1985, c. 33 (3rd Supp.), s. 19
  • 2014, c. 39, s. 134
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