ARCHIVED — Proposed Changes to MOPOP

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Chapter 14: Unity of Invention

Consultation update

The Patent Branch received the following feedback during the February 7, 2011 to April 7, 2011 consultation period:

Important notice: Please note that access to this section is provided as a courtesy only. Therefore, comments are in the language in which they were submitted to CIPO.

Consultation period

Consultation period: February 7, 2011 to April 7, 2011

Consultation documents

Proposed MOPOP Chapter 14

Consultation and discussion

Chapter 14 deals with the requirements for unity of invention and for the filing of divisional applications. The chapter has been revised to reinforce that Canadian standards for unity of invention are equivalent to standards under the PCT, to clarify the dispute resolution mechanism in the case of an impasse regarding unity of invention, and to provide specific guidance to ensure a more consistent and predictable application of the correct standards.

The MOPOP is published to provide patent examiners, applicants, agents, and the public in general with a guide on the procedures and practices relative to the prosecution of patent applications in Canada under the current Patent Act and Patent Rules. This Manual is to be considered solely as a guide and should not be quoted as an authority. Authority must be found in the Patent Act, the Patent Rules, and in decisions of the Courts interpreting them.

Contact information

Should you have any questions about this consultation, please send them by email to Chris Evans, by fax at 819-994-1989, or by regular mail to the following address:

Canadian Intellectual Property Office
Patent Branch
50 Victoria Street,
Place du Portage II
Gatineau, QC K1A 0C9
Attention: Chris Evans

Barney de Schneider
Assistant Commissioner of Patents
Canadian Intellectual Property Office