Advice for Canadians about Patents.

The Declaration of Entitlement

 

The applicant's entitlement to file for a patent in Canada is determined as of the International Filing date, in the case of a PCT application.  

Our form (see link below) sets out the possible bases for entitlement as set out in the Patent Rules. If possible, an applicant should fit their situation into one of the headings under the Rules.

The ideal arrangement is for the inventor(s) to execute an assignment document that extends to Canadian patent rights, and for this document to be complete and in place as of the International Filing date.

Care should be taken in designating entitlement on the basis that the inventor was an employee of the company which is filing to obtain patent protection in Canada. Under Canadian law, in the absence of a written agreement executed in advance, an employer is only entitled to own the patent rights of an employee if the employee was engaged for the purpose of making inventions or developing technology that may include an invention.  Inventions made by an officer of a corporation will always belong to the Corporation. Inventions made by an engineer in the field of his work will generally belong to the employer. Other cases may be more difficult to assess.

Provisions may exist under law of the country where the applicant and inventor reside that interfere with the entitlement of the applicant to file for patent protection in Canada. For example, inventions by government employees may belong to the local government. Or national laws may limit the rights of employers. It is the responsibility of the applicant to advise us where such provisions may exist. In cases of doubt, applicants should contact us for guidance on their specific situation.

 

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