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Patent Rules

Version of section 104 from 2022-10-03 to 2023-09-19:

Marginal note:Error – naming of applicants

 The Commissioner must, on request, correct an error with respect to the naming of applicants in an application for a patent, other than a PCT national phase application, if the request contains a statement to the effect that the error arose from inadvertence, accident or mistake, without any fraudulent or deceptive intention, and is made by the person who submitted the application not later than the earlier of

  • (a) the day on which the application becomes open to public inspection at the Patent Office, and

  • (b) if the Commissioner records a transfer of the application under section 49 of the Act, the day on which the Commissioner received the request to record that transfer.

  • SOR/2022-120, s. 21
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