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Patent Act

Version of section 118 from 2019-10-30 to 2022-11-16:


Marginal note:Transfer of patent

  •  (1) Despite subsection 49(1), a certificate of supplementary protection, or an application for one, is not transferable other than by the transfer of the patent, or part of the patent, that is set out in the certificate or application.

  • Marginal note:Whole of patent

    (2) If the whole of the patent is transferred, the certificate or application is transferred accordingly.

  • Marginal note:Part of patent

    (3) If part of the patent is transferred, any part of the certificate or application — including, as the case may be, the whole of it — that corresponds to the transferred part of the patent is transferred accordingly.

  • Marginal note:For greater certainty

    (4) For greater certainty, the transfer of part of an application for a certificate of supplementary protection does not result in its division into more than one application.

  • 2017, c. 6, ss. 59, 135
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