Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada


Patent Rules

Version of section 104 from 2019-10-30 to 2022-10-02:

Marginal note:Error in name of applicant

 An error in the name of an applicant in an application for a patent, other than a PCT national phase application, that arises from inadvertence, accident or mistake, without any fraudulent or deceptive intention, must be corrected by the Commissioner on the request of the person who submitted the application on their own behalf or on behalf of the applicant, if the request contains a statement to the effect that the error arose from inadvertence, accident or mistake without any fraudulent or deceptive intention and the request is made not later than the earlier of

  • (a) the day on which the application becomes open to public inspection at the Patent Office, and

  • (b) if the Commissioner records a transfer of the application under section 49 of the Act, the day on which the Commissioner received the request to record that transfer.

Date modified: