Helpful suggestions for the Manual of Patent Office Practice

  • July 02, 2019

The CBA’s Intellectual Property Section has some suggestions for the changes proposed to the Manual of Patent Office Practice to reflect the new patent rules expected this fall.

First of all, the Section recommends the government establish a regime for personal property security interests in patents, patent applications and certain recording practices which should be structured to not conflict with provincial, territorial or state transactions. “Security interests often have different priorities that may be affected by the date on which they are registered against a patent or patent application,” the Section says in its submission to the Innovation, Science and Development Canada.

Also, in order to “enhance certainty” about the status of documents, the Section recommends including an effective date for the recording of documents, other than transfers, and that the effective date be the date the request is made with the Commissioner.

The Section also notes that the new patent rules will create a new feature in Canadian patent law – a requirement to show due care in certain reinstatement circumstances.

“As this new standard for domestic patent practice is a significant change from current reinstatement practice, additional guidance would be helpful, especially on what the Patent Office considers to be ‘customary diligence that a prudent party’ should exercise under the ‘due care’ section of the proposed MOPOP.”