A patent may be invalidated if fees are incorrectly paid at the small entity rate. New regulations that are in their final stages of approval will require that small entity payments are accompanied with a small entity declaration. In order to avoid any possible errors associated with an incorrect entity fee payment, it is recommended that entity fees be paid at the large entity rate.
Voluntary Divisional applications should not be filed with the Canadian Patent Office. A divisional application should be filed following receipt of a unity of invention objection issued by the Examiner. In order to ensure that a unity of invention objection is raised, additional claims directed to any desired subject matter should be filed as early as possible during prosecution. There are no excess claim fees in Canada. However, maintenance fees on the divisional application are due from the date of filing of the parent application.
Joint Ownership of Patents: In Canada, a patent co-owner cannot dispose of anything less than their entire interest in the patent (e.g. a license) without first obtaining the consent of the other co-owners. Any form of disposition of a partial interest in a patent, which has the effect of diluting the interest of the other co-owners, requires the consent of such co-owners.
Disclaimer : Information contained herein provides a brief overview of Canadian patent law and should not be regarded or relied upon as legal advice or opinions.