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The Importance of Inventorship

November 04, 2022

A patent is invalid unless it lists the true inventors of the claimed invention.  Should an Applicant notice that a patent application has an incorrect or incomplete list of inventors, they should take action immediately. In cases where a patent application is pending, the Applicant may…

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Who owns an invention created by an employee?

August 21, 2017

When an employee conceives of an invention, who owns it? The employer or the employee? In Canada the general rule is that the employee owns his or her inventions in the absence of an agreement the contrary. Many employers address this through ensuring that employment agreements include a…

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Removed as inventor with no right to submit evidence: Baksh v. ProbioHealth

December 07, 2012

Baksh v. ProbioHealth, LLC, 2012 FC 1388, is a peculiar case about dealing with inventorship disputes in a Canadian patent application.  All of this could have been avoided by ensuring that proper…

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