In 2014, Canada's patent law was amended to comply with
Canada's obligation under the Patent Law Treaty (PLT), but
implementation required amending the Patent Rules. The
Patent Rules have now been finalized, and amendments to
both the Patent Act and Rules will come into
force on October 30, 2019 (CIF).
As mentioned in the previous articles1, this series will cover the most
significant amendments that affect users of the system, and in the
transition to the new regime will discuss options available to
Applicants.
Entitlement, transfers and changes of name under the new
Rules
Under the new Rules, the requirement to establish
entitlement to file a patent application has not changed. However,
the means to establish entitlement have changed. Current practice
requires the filing of a Declaration of Entitlement, which states
that the Applicant is the legal representative of the inventors.
Under the new Rules the Declaration of Entitlement is
replaced with a Statement
