Amendments to the Canadian Patent Rules will be coming into effect on October 1, 2010. Among other changes, the amendments will remove the requirement to provide evidence of the Applicant’s entitlement to be granted a patent in the form of a "declaration of entitlement."
According to the amended Rules, an application must include the names and addresses of all inventors, and (1) a statement that the Applicant is the inventor, or (2) a declaration that the Applicant is the legal representative of the inventor. A legal representative is defined in the Patent Act as including "heirs, executors, administrators, guardians, curators, tutors, assigns and all other persons claiming through or under applicants for patents and patentees of inventions." This will apply to new and pending regular applications. In the case of PCT national phase applications, the new rules will apply going forward.
For national filings or national phase entry requests on or after October 1, 2010, Borden Ladner Gervais LLP (BLG) will no longer prepare and file "declarations of entitlement".
Finally, although the rule changes do not require that an assignment be registered in the Patent Office transferring rights from the inventor to the original applicant, we strongly recommend that all documents transferring ownership in an application or patent be registered since the Patent Act states that an unregistered assignment is void against a subsequent assignee's claim if the subsequent assignee has a registered assignment.