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Section 13: Right to patent

Patents, Industrial Designs And Trademarks Act · PART III: PATENTS

consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

13. Right to patent (1) The right to a patent shall belong to the inventor. (2) Where 2 or more persons have jointly made an invention, the right to the patent shall belong to them jointly. (3) Where 2 or more persons have made the same invention independently of each other, the person whose application has the earliest filing date or, if priority is claimed, the earliest validly claimed priority date shall have the right to the patent, as long as the said application is not withdrawn, abandoned or rejected. (4) Any right to a patent may be assigned or may be transferred by succession. (5) Where an invention is made in the execution of, or under, an employment contract, the right to the patent shall belong, in the absence of any express provisions to the contrary, to the employer. (6) Every patent shall contain the name of the inventor unless he in a special written declaration signed by him and addressed to the Controller, indicates that he wishes not to be named. (7) Any promise or undertaking by the inventor made to any person to the effect that he will make a declaration under subsection (6) shall be without effect.

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