Amendments To Canada’s Patent Rules Will Simplify Declarations Of Entitlement For Applicants

Late last year, Canada adopted amendments designed to simplify and clarify its Patent Rules (Rules).¹ Although these amendments do not come into force until October 2010, patent applicants and patent lawyers, alike, are eagerly awaiting them because they significantly simplify the procedure for patent applicants to establish their entitlement to a patent.²

The current Rules require that an applicant in Canada establish its entitlement by filing a declaration that is structured to make the applicant select from a list of prescribed statements (e.g., the applicant is entitled to the grant of a patent by way of an assignment). The rigidity of the prescribed statements has caused confusion and uncertainty. This is especially true for applicants seeking a Canadian patent on the basis of an application filed under the Patent Cooperation Treaty (PCT), in part because the statements refer to the applicant's entitlement as at the filing date of the PCT application, rather