Patent Act (R.S.C., 1985, c. P-4)

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

• 49 (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.