Unlike some jurisdictions which allow any person to file a patent application, Canadian law provides that a patent application can only be made in the name of the inventor or a person who derives rights from the inventor. Until recently, the Patent Rules required that, in order to satisfy the Commissioner of Patents as to entitlement to file the application, the applicant was required to record evidence establishing a chain of title from the inventor. Under the new rules, effective June 2 2007, it is no longer necessary to record such evidence. The applicant is instead required to file a declaration setting forth the basis of its entitlement, normally within 15 months from the priority date or three months from the date of entry into the national phase. However, it is important to note that the underlying statutory requirements governing the entitlement to file a patent application have not changed. The changes in the rules relate to the requirements sufficient to satisfy the Commissioner to allow an application to proceed. Generally, it is still advisable at least to obtain a written assignment or other acknowledgement from the inventor that the applicant does indeed own the rights in the invention, and given the minimal cost, preferably to continue to record that document against the application order to minimize the risk of any future challenges to the ownership or validity of the resulting patent by ensuring that there is a clear chain of title from the original inventor to the current owner.
