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ARTICLE · 24 SEPTEMBER 2007

Substantial Amendments To Canada’s "Patent Rules" Now In Force

Recent amendments to the Patent Rules came into force on June 2, 2007. These amendments clarify the definition of a "small entity" and permit the correction of fees mistakenly paid at the small entity level.

CanadaIntellectual Property

Recent amendments to the Patent Rules came into force on June 2, 2007. These amendments clarify the definition of a "small entity" and permit the correction of fees mistakenly paid at the small entity level. Among other noteworthy changes, the amendments allow an applicant who is not an inventor to submit a declaration of entitlement to apply for and be granted a patent, rather than have to file evidence of entitlement.

Small Entity Regime

The amendments eliminate some of the previous uncertainty about the definition of a small entity and provide a limited relief mechanism for correction of insufficient fee payments (i.e., when the applicant mistakenly pays fees at the small entity level). In particular, the amendments include the following changes:

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