Government of Canada / Gouvernement du Canada
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Patent Act

Version of section 49 from 2002-12-31 to 2019-10-29:

Marginal note:Assignee or personal representatives

  •  (1) A patent may be granted to any person to whom an inventor, entitled under this Act to obtain a patent, has assigned in writing or bequeathed by his last will his right to obtain it, and, in the absence of an assignment or bequest, the patent may be granted to the personal representatives of the estate of the deceased inventor.

  • Marginal note:Assignees may object

    (2) Where an applicant for a patent has, after filing the application, assigned his right to obtain the patent, or where the applicant has either before or after filing the application assigned in writing the whole or part of his property or interest in the invention, the assignee may register the assignment in the Patent Office in such manner as may be determined by the Commissioner, and no application for a patent may be withdrawn without the consent in writing of every such registered assignee.

  • Marginal note:Attestation

    (3) No assignment shall be registered in the Patent Office unless it is accompanied by the affidavit of a subscribing witness or established by other proof to the satisfaction of the Commissioner that the assignment has been signed and executed by the assignor.

  • R.S., 1985, c. P-4, s. 49
  • R.S., 1985, c. 33 (3rd Supp.), s. 19

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