Public Servants Inventions Regulations
(C.R.C., c. 1332)
(as amended up to 2002)
Regulations Respecting Public Servants Inventions Made Pursuant to the Public
Servants Inventions Act
Short Title 1 These Regulations may be cited as the Public Servants Inventions Regulations.
Report of Invention to Minister 2 Every public servant who invents an invention shall furnish to the appropriate
Minister, in addition to any information required by the appropriate Minister under
paragraph 4(1)(a) of the Public Servants Inventions Act, hereinafter referred to as
the Act, a statement, in Form 1 of the schedule,
(a) giving information in respect of the matters set out in that form; and
(b) setting out such information as may be useful in determining whether the
invention is vested in Her Majesty by the Act.
SOR/78-822, s. 1.
3 A question as to whether an invention is vested in Her Majesty by the Act is, for
the purposes of subsection 5(1) of the Act, deemed to have arisen and to have
been referred to the appropriate Minister on the date that the public servant who
invented the invention furnishes to that Minister, or an officer designated by him,
a statement in Form 1 of the schedule completed as required by section 2.
Determination by Minister 4 (1) A determination by the appropriate Minister under section 5 of the Act in
respect of an invention is, for the purposes of that section, deemed to be made on
the day on which a certificate in Form 2 of the schedule is
(a) delivered personally to the inventor; or
(b) received by the inventor by registered mail.
(2) A certificate described in subsection (1) that is sent by registered mail to an
inventor at his latest known address is deemed to have been received by him,
(a) if the latest known address of the inventor is in Canada, three days after
the day on which the certificate was so sent to him; and
(b) if the latest known address of the inventor is not in Canada, seven days
after the day on which the certificate was so sent to him.
5 (1) Where an application for a patent for an invention has been filed with the
Patent Office and any question arises as to whether or not the invention is vested
in Her Majesty by the Act, the appropriate Minister shall, on being informed by the
Patent Office of the filing of the application, file with the Patent Office a certificate
in Form 2 of the schedule of any determination made by him under section 5 of
the Act in respect of the invention.
(2) A certificate in Form 2 of the schedule that is filed with the Patent Office forms
part of the application for a patent for the invention to which the certificate relates.
6 A certificate in Form 2 of the schedule purporting to be signed by the
appropriate Minister or person authorized by him is admissible in evidence
without any proof that the person so signing is the appropriate Minister or person
or of the signature of the Minister or person.
Appeals and Applications to Federal Court 7 (1) Subject to subsection (2),
(a) an appeal under subsection 5(2) of the Act or an application under
subsection 5(3) of the Act shall be instituted in the manner provided by section
48 of the Federal Courts Act for instituting a proceeding against the Crown;
and
(b) section 48 of the Federal Courts Act and the Federal Court Rules are
applicable to such an appeal or application as though it were a proceeding
instituted under section 48 of the Federal Courts Act.
(2) In a proceeding instituted under this section, the words “NOTICE OF
APPEAL” or “APPLICATION”, as the case may be, shall be substituted for the
words “STATEMENT OF CLAIM” or “DECLARATION” where they appear in
Schedule A of the Federal Courts Act.
2002, c. 8, s. 182.
8 Where a public servant files an application for a patent and
(a) the appropriate Minister or the Federal Court of Canada has determined
that the invention is vested in Her Majesty, or
(b) it is stated in the application that the invention is vested in Her Majesty,
the patent issued pursuant to the application shall be issued in the name of Her
Majesty unless the appropriate Minister, pursuant to section 8 of the Act, waives,
abandons or transfers the Canadian or all rights in respect of the invention vested
in Her Majesty.
Waiver, Abandonment or Transfer of Rights 9 (1) Where an application for a patent has been filed in Canada for an invention
vested in Her Majesty by the Act and the appropriate Minister, pursuant to section
8 of the Act, waives, abandons or transfers any of the Canadian ownership rights
in respect of the invention, the appropriate Minister shall execute an instrument
accordingly and register a copy thereof with the Patent Office.
(2) An instrument referred to in subsection (1) shall, where applicable, be in Form
3 of the schedule.
10 Every instrument executed pursuant to section 8 of the Act that affects the
rights of an inventor shall be delivered personally to the inventor or sent to him by
registered mail at his latest known address.
Forms 11 An application for a patent for an invention made by a public servant alone or
in conjunction with any other person shall be in Form 4, 5, 6 or 7 of the schedule
wherever and to the extent that such form is applicable.
Notification of Signing Authority 12 The appropriate Minister shall keep the Patent Office informed at all times of
the name and position of every person who, for the purposes of these
Regulations, may sign documents on his behalf.
13 [Revoked, SOR/93-296, s. 1]
Public Servants Inventions Committee 14 (1) There shall be a committee called the Public Servants Inventions
Committee consisting of a representative from each of the following:
(a) Department of Consumer and Corporate Affairs;
(b) Department of Energy, Mines and Resources;
(c) Department of Justice;
(d) National Research Council of Canada;
(e) Canadian Patents and Development Limited;
(f) Atomic Energy Control Board;
(g) Atomic Energy of Canada Limited;
(h) Treasury Board;
(i) Department of National Defence;
(j) Department of Communications;
(k) Department of the Environment;
(l) Department of Supply and Services; and
(m) Department of Industry, Trade and Commerce.
(2) The Public Servants Inventions Committee shall
(a) act in an advisory capacity in respect of the administration of the Act and
these Regulations;
(b) on request, assist any Minister in determining an amount of an award; and
(c) on request, act in an advisory capacity to departments on matters
pertaining to general patent policy.
(3) The representative of the Department of Consumer and Corporate Affairs
shall act as the chairman of the Public Servants Inventions Committee and the
representative of the Treasury Board shall act as the secretary of the Committee.
SCHEDULE
(ss. 2, 3, 4, 5, 6, 9 and 11)
FORM 1
Report of an Invention Pursuant to Section 4 of the Public Servants Inventions Act and Section 2 of the Public Servants Inventions Regulations
1
2
3
4
5
6
7
(a)
(b)
(c)
(d)
(e)
8
9
10
Part 1 Information to be furnished by public servant inventor.
Name(s) of inventor(s):
Address(es):
residence:
business:
Nationality of inventor(s):
Department or Government Agency in which you are employed:
Position(s) and type of work:
Your proposed name or title for the invention:
Brief description, and drawings where necessary, of your invention under the
following headings: (may be in the form of an appendix):
What is the problem?
How may it be accomplished according to present knowledge?
Limitations or drawbacks of present apparatus, product or
process.
What is your proposal?
What is thought to be novel in your proposal?
Has any publication or disclosure to others been made? If so to whom, when
and where and by what mode?
Can you provide references in published literature or patents relating to the
problem or subject? If yes, do so.
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
Note: Where spaces are inadequate, attach separate pages.
Signature
1
2
3
4
5
6
7
8
Part 2 This part of the form may be varied at the discretion of each department.
Information to be furnished by immediate supervisor or other appropriate
departmental officer.
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.
Does a development contract exist in relation to the invention or is one
projected?
Have other persons or organizations participated in the development? If
yes, indicate assistance provided and by whom.
Has the apparatus, product or process been made or tested?
In your opinion what are the possible commercial applications of the
invention and their extent?
What are the actual or potential uses of the inventions by the armed forces
or other government agencies?
Comments, if any, on inventor’s answers.
Other remarks.
Place Date
Note: Where spaces are inadequate, attach separate pages.
FORM 2
Certificate of Determination by Appropriate Minister Pursuant to Section 5 and Consent Pursuant to Section 4 of the Public Servants Inventions Act Omit words in brackets that are not applicable.
This 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
Signature and position
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 19
FORM 3
Waiver, Abandonment or Transfer of Rights Pursuant to Section 8 and Consent Pursuant to Section 4 of the Public Servants Inventions Act Omit words in brackets that are not applicable.
Pursuant 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 19
FORM 4
Petition for a Patent by Public Servant Inventor(s) (May Also Be Used Where Any Inventor Is Not a Public Servant) Omit words in brackets that are not applicable.
Minister of
Minister of
The petition of whose full post office address
(es) (is) (are)
Sheweth:
(1) That your petitioner(s) (and
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
(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
) (is) (are) entitled to a patent for the said
invention having regard to the provisions of the Patent Act.
Omit this paragraph if there is no request for priority.
(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
name(s) of public servant inventor(s)
name(s) of inventor(s) who (is) (are) not (a) public servant
(s)
name(s) of inventor(s) who (is) (are) not
(a) public servant(s))
name(s) of
inventor(s) who (is) (are) not (a) public servant(s)
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.)
Omit this paragraph if all petitioners reside in Canada.
(5) That your petitioner(s) hereby nominate(s) 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) 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 this day of 19
FORM 5
Petition for a Patent by Inventor(s) Who (Is) (Are) Not (a) Public Servant(s) Where at Least one Inventor Is a Public Servant Omit words in brackets that are not applicable.
The petition of whose full post office address(es) (is) (are)
Sheweth:
(1) That your petitioner(s) and made the
invention entitled which is described and claimed in the specification
submitted herewith.
name in full
post office address
name of patent agent
City or town Country
Public Servant Inventor(s)
name(s) of petitioner(s)
name(s) of public servant inventor(s)
(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.
Omit this paragraph if there is no request for priority.
(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.)
Omit this paragraph if all petitioners reside in Canada.
(5) That your petitioner(s) hereby nominate(s) 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) 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.
Omit words in brackets that are not applicable.
(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 this day of 19
name in full
name of patent agent
City or town Country
Inventor(s) who (is) (are) not (a) public servant(s)
FORM 6
Joint Petition for a Patent by Public Servant Inventor(s) and Person(s) Who (Is) (Are) Not Public Servant(s) Omit words in brackets that are not applicable.
Petition of 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
(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
OR
(2) That the said invention was made while
(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
(3) That your petitioners verily believe that Her Majesty in right of Canada as
represented by the Minister of and
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.
Omit this paragraph if there is not request for priority.
names of inventors
name(s) of public servant inventor(s)
name(s) of inventor(s) who (is) (are) not (a) public servant(s)
name(s) of public servant inventor(s)
name(s) of inventor(s) who (is) (are) not (a) public servant(s)
name(s) of inventor(s) who (is) (are) not (a)
public servant(s)
(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.)
Omit this paragraph if all petitioners reside in Canada.
(5) That your petitioners hereby nominate who resides or carries on
business in Canada at the following 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 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 this day of 19
FORM 7
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 Servant Omit words in brackets that are not applicable.
The petition of the Minister of whose full post office address is
name in full
full post office address
name of patent agent
City or town Country
Public Servant Inventor(s)
Inventor(s) who (is) (are) not (a) public servant(s)
(and
Sheweth:
(1) That 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 (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
(And that your petitioner is the assignee of the entire
right of 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
(is) (are) entitled to a patent for the invention having regard to the
provisions of the Patent Act.
Omit this paragraph if there is not request for priority.
(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.)
Omit this paragraph if all petitioners reside in Canada.
(5) That your petitioner(s) hereby nominate(s) 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.
name(s) of inventor(s) who (is) (are) not (a) public servant(s)
name(s) of inventor(s)
name(s) of public servant(s)
name(s) of inventor(s) who
(is) (are) not (a) public servant(s)
name(s) of inventor(s) who (is) (are) not (a) public servant(s)
name(s) of inventor(s) who (is) (are) not
(a) public servant(s)
name in full
(6) That your petitioner(s) hereby appoint(s) 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 ).
Signed at this day of 19
SOR/78-822, s. 2.
name of patent agent
name(s) of inventor(s) who (is) (are) not (a) public servant(s)
City or town Country
Minister of
Inventor(s) who (is) (are) not (a) public servant(s)