Public Servants Inventions Regulations

Short Title

Report of Invention to Minister

Determination by Minister

Appeals and Applications to Federal Court

Waiver, Abandonment or Transfer of Rights

Forms

Notification of Signing Authority

Public Servants Inventions Committee

(ss. 2, 3, 4, 5, 6, 9 and 11)

Part 1Information to be furnished by public servant inventor.1 Name(s) of inventor(s):2 Address(es):residence:business:3 Nationality of inventor(s):4 Department or Government Agency in which you are employed:5 Position(s) and type of work:6 Your proposed name or title for the invention:7 Brief description, and drawings where necessary, of your invention under the following headings: (may be in the form of an appendix):(a) What is the problem?(b) How may it be accomplished according to present knowledge?(c) Limitations or drawbacks of present apparatus, product or process.(d) What is your proposal?(e) What is thought to be novel in your proposal?8 Has any publication or disclosure to others been made? If so to whom, when and where and by what mode?9 Can you provide references in published literature or patents relating to the problem or subject? If yes, do so.10 Describe the circumstances surrounding the making of the invention. Did the invention result from or was it connected with your duties or employment? Was it made with facilities, equipment or financial aid provided by or on behalf of the Crown?Place Date SignatureNote: Where spaces are inadequate, attach separate pages.Part 2Information to be furnished by immediate supervisor or other appropriate departmental officer.1 Did the invention arise from a general program of research or from work in relation to a particular piece of equipment, process or problem? If yes, give details.2 Does a development contract exist in relation to the invention or is one projected?3 Have other persons or organizations participated in the development? If yes, indicate assistance provided and by whom.4 Has the apparatus, product or process been made or tested?5 In your opinion what are the possible commercial applications of the invention and their extent?6 What are the actual or potential uses of the inventions by the armed forces or other government agencies?7 Comments, if any, on inventor’s answers.8 Other remarks.Place Date Signature and positionNote: Where spaces are inadequate, attach separate pages.Certificate of Determination by Appropriate Minister Pursuant to Section 5 and Consent Pursuant to Section 4 of the Public Servants Inventions ActThis is to certify that, pursuant to section 5 of the Public Servants Inventions Act, the Minister of has determined that the following invention (here identify invention by inserting the Title of the Invention and Patent No. or Patent Application Serial No. if any) which was reported to the Minister by on the day of 19 is (not) (jointly) vested in Her Majesty in right of Canada (and ).(Pursuant to paragraph 4(b) of the said Act, the Minister hereby consents to the filing of an application for a patent in respect of the invention in (all) (the following) countries: ).Dated this day of 19Minister ofWaiver, Abandonment or Transfer of Rights Pursuant to Section 8 and Consent Pursuant to Section 4 of the Public Servants Inventions ActPursuant to section 8 of the Public Servants Inventions Act, the Minister of (waives) (abandons) (transfers) to (all rights) (the following Canadian rights) (the following rights in the following countries) in the following invention (here identify the invention by inserting the Title of the Invention and Patent No. or Patent Application Serial No. if any) which was reported to the Minister on the day of 19(Pursuant to paragraph 4(b) of the said Act, the Minister hereby consents to the filing of an application for a patent in respect of the invention in (all) (the following) countries ).Dated this day of 19Minister ofPetition for a Patent by Public Servant Inventor(s) (May Also Be Used Where Any Inventor Is Not a Public Servant)The petition of name(s) of public servant inventor(s) whose full post office address(es) (is) (are) Sheweth:(1) That your petitioner(s) (and name(s) of inventor(s) who (is) (are) not (a) public servant(s) made the invention entitled which is described and claimed in the specification submitted herewith.(2) That the said invention was made while your petitioner(s) (was) (were) employed as (a) public servant(s) as defined in the Public Servants Inventions Act in (the Department of) and, pursuant to section 5 of that Act, the said invention has been determined to be (not) (jointly) vested in Her Majesty in right of Canada as represented by the Minister of (and the person(s) named in paragraph (1)).OR(2) That the said invention was made while your petitioner(s) (was) (were) employed as (a) public servant(s) as defined in the Public Servants Inventions Act in (the Department of) (and) (but) in accordance with section 3 of that Act your petitioner(s) verily believe(s) that the said invention is (not) vested in Her Majesty in right of Canada as represented by the Minister of (and in the person(s) named in paragraph (1)).(3) That your petitioner(s) verily believe(s) that Her Majesty in right of Canada as represented by the Minister of (and name(s) of inventor(s) who (is) (are) not (a) public servant(s)) (is) (are) entitled to a patent for the said invention having regard to the provisions of the Patent Act.OR(3) That your petitioner(s) verily believe(s) that (he) (they) (and name(s) of inventor(s) who (is) (are) not (a) public servant(s)) (is) (are) entitled to a patent for the said invention having regard to the provisions of the Patent Act.(4) That your petitioner(s) request(s) that this application be treated as entitled to the rights accorded by section 29 of the Patent Act having regard to the application(s) of which particulars are set out below, and represent(s) that the said application(s) (is) (are) the first application(s) for patent for the said invention filed by the inventor(s) or any one claiming under (him) (any of them) in any country that, by treaty, convention or law, affords similar rights to citizens of Canada. (Give particulars here ONLY of the application or applications upon which the claim for priority is based.)(5) That your petitioner(s) hereby nominate(s) name in full who resides or carries on business in Canada at the following address post office address to be (his) (their) representative for all purposes of the Patent Act, including the service of any proceedings taken thereunder.(6) That your petitioner(s) hereby appoint(s) name of patent agent whose full post office address is to be (his) (their) agent, with full power of revocation and substitution, to sign the petition and drawings, to amend the specification and drawings, to prosecute the application, and to receive the patent granted on the said application, and (ratify) (ratifies) any act done by the said appointee in respect of the said application.(7) That your petitioner(s) therefore pray(s) that a patent for the said invention may be granted (jointly) to the person(s) entitled thereto as set out in paragraph (3).Signed at City or townCountry this day of 19Public Servant Inventor(s)Petition for a Patent by Inventor(s) Who (Is) (Are) Not (a) Public Servant(s) Where at Least one Inventor Is a Public ServantThe petition of name(s) of petitioner(s) whose full post office address(es) (is) (are) Sheweth:(1) That your petitioner(s) and name(s) of public servant inventor(s) made the invention entitled which is described and claimed in the specification submitted herewith.(2) That the said invention was made while the inventor(s) named in paragraph (1) (was) (were) employed as (a) public servant(s) as defined in the Public Servants Inventions Act in (the Department of) (3) That your petitioner(s) verily believe(s) that (he) (they) and (either) (the above named public servant inventor(s)) (or) (Her Majesty in right of Canada as represented by the Minister of ) (as determined pursuant to the Public Servants Inventions Act) are entitled to a patent for the invention having regard to the provisions of the Patent Act.(4) That your petitioner(s) request(s) that this application be treated as entitled to the rights accorded by section 29 of the Patent Act having regard to the application(s) of which particulars are set out below, and represent(s) that the said application(s) (is) (are) the first application(s) for patent for the said invention filed by the inventor(s) or any one claiming under (him) (any of them) in any country that, by treaty, convention or law, affords similar rights to citizens of Canada. (Give particulars here ONLY of the application or applications upon which the claim for priority is based.)(5) That your petitioner(s) hereby nominate(s) name in full who resides or carries on business in Canada at the following address to be (his) (their) representative for all purposes of the Patent Act, including the service of any proceedings taken thereunder.(6) That your petitioner(s) hereby appoint(s) name of patent agent whose full post office address is to be (his) (their) agent, with full power of revocation and substitution, to sign the petition and drawings, to amend the specification and drawings, to prosecute the application, and to receive the patent granted on the said application and (ratify) (ratifies) any act done by the said appointee in respect of the said application.(7) That your petitioner(s) therefore pray(s) that a patent for the invention may be granted jointly to (him) (them) and (either) (the above named public servant inventor(s) (or) (Her Majesty in right of Canada as represented by the Minister of ) (as determined pursuant to the Public Servants Inventions Act).Signed at City or townCountry this day of 19Inventor(s) who (is) (are) not (a) public servant(s)Joint Petition for a Patent by Public Servant Inventor(s) and Person(s) Who (Is) (Are) Not Public Servant(s)Petition of names of inventors whose full post office addresses are Sheweth:(1) That your petitioners made the invention entitled which is described and claimed in the specification submitted herewith.(2) That the said invention was made while name(s) of public servant inventor(s) (was) (were) employed as (a) public servant(s) as defined in the Public Servants Inventions Act in (the Department of) and, pursuant to section 5 of that Act, the said invention has been determined to be (not) (jointly) vested in Her Majesty in right of Canada as represented by the Minister of (and in name(s) of inventor(s) who (is) (are) not (a) public servant(s)OR(2) That the said invention was made while name(s) of public servant inventor(s) (was) (were) employed as (a) public servant(s) as defined in the Public Servants Inventions Act in (the Department of) (and) (but) in accordance with section 3 of that Act your petitioner(s) verily believe(s) that the said invention is (not) vested in Her Majesty in right of Canada as represented by the Minister of (and name(s) of inventor(s) who (is) (are) not (a) public servant(s)(3) That your petitioners verily believe that Her Majesty in right of Canada as represented by the Minister of and name(s) of inventor(s) who (is) (are) not (a) public servant(s) are entitled to a patent for the invention having regard to the provisions of the Patent Act.OR(3) That your petitioners verily believe that they are entitled to a patent for the invention having regard to the provisions of the Patent Act.(4) That your petitioners request that this application be treated as entitled to the rights accorded by section 29 of the Patent Act having regard to the application(s) of which particulars are set out below, and represents that the said application(s) (is) (are) the first application(s) for patent for the said invention filed by the inventors or any one claiming under any of them in any country that, by treaty, convention or law, affords similar rights to citizens of Canada. (Give particulars here ONLY of the application or applications upon which the claim for priority is based.)(5) That your petitioners hereby nominate name in full who resides or carries on business in Canada at the following address full post office address to be their representative for all purposes of the Patent Act, including the service of any proceedings taken thereunder.(6) That your petitioners hereby appoint name of patent agent whose full post office to be their agent, with full power of revocation and substitution, to sign the petition and drawings, to amend the specification and drawings, to prosecute the application, and to receive the patent granted on the said application, and ratify any act done by the said appointee in respect of the said application.(7) That your petitioners therefore pray that a patent may be granted jointly to the persons entitled thereto as set out in paragraph (3).Signed at City or townCountry this day of 19Public Servant Inventor(s)Inventor(s) who (is) (are) not (a) public servant(s)Petition for a Patent by Appropriate Minister or by Appropriate Minister and Inventor(s) Who (Is) (Are) Not (a) Public Servant(s) Where at Least one Inventor Is a Public ServantThe petition of the Minister of whose full post office address is (and name(s) of inventor(s) who (is) (are) not (a) public servant(s)Sheweth:(1) That name(s) of inventor(s) whose full post office address(es) (is) (are) made the invention entitled which is described and claimed in the specification submitted herewith.(2) That the said invention was made while name(s) of public servant(s) (was) (were) employed as (a) public servant(s) as defined in the Public Servants Inventions Act in (the Department of) and, pursuant to section 5 of that Act, the said invention has been determined to be vested in Her Majesty in right of Canada as represented by the Minister of (and name(s) of inventor(s) who (is) (are) not (a) public servant(s) (And that your petitioner is the assignee of the entire right of name(s) of inventor(s) who (is) (are) not (a) public servant(s) to obtain a patent for the said invention.)(3) That your petitioner(s) verily believe(s) that Her Majesty in right of Canada as represented by the Minister of (and name(s) of inventor(s) who (is) (are) not (a) public servant(s) (is) (are) entitled to a patent for the invention having regard to the provisions of the Patent Act.(4) That your petitioner(s) request(s) that this application be treated as entitled to the rights accorded by section 29 of the Patent Act having regard to the application(s) of which particulars are set out below, and represents that the said application(s) (is) (are) the first application(s) for patent for the said invention filed by the inventor(s) or any one claiming under (him) (any of them) in any country that, by treaty, convention or law, affords similar rights to citizens of Canada. (Give particulars here ONLY of the application or applications upon which the claim for priority is based.)(5) That your petitioner(s) hereby nominate(s) name in full who resides or carries on business in Canada at the following address to be (his) (their) representative for all purposes of the Patent Act including the service of any proceedings taken thereunder.(6) That your petitioner(s) hereby appoint(s) name of patent agent whose full post office address is to be (his) (their) agent, with full power of revocation and substitution, to sign the petition and drawings, to amend the specification and drawings, to prosecute the application, and to receive the patent granted on the said application, and (ratify) (ratifies) any act done by the said appointee in respect of the said application.(7) That your petitioner(s) therefore pray(s) that a patent for the invention be granted (jointly) to Her Majesty in right of Canada as represented by the Minister of (and name(s) of inventor(s) who (is) (are) not (a) public servant(s)).Signed at City or townCountry this day of 19Minister ofInventor(s) who (is) (are) not (a) public servant(s)