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Section 15: Unity of invention

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.

15. Unity of invention (1) Any application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept. (2) An applicant may, at any time before the application is granted, amend the application, provided that the amendment shall not go beyond the disclosure in the initial application. (3) The applicant may, at any time before the application is granted, divide the application into 2 or more applications, provided that each divisional application shall not go beyond the disclosure in the initial application. [Issue 1] P4 – 9 Patents, Industrial Designs and Trademarks Act (4) Every divisional application shall be entitled to a filing date and, where applicable, the priority date of the initial application. (5) Where a patent has been granted following an application that did not comply with the requirement of unity of invention under subsection (1), such failure to comply with subsection (1) shall not be a ground for the invalidation of the patent.

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