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In contrast with U.S. patent law, the applicant for a European patent need not be the inventor. The right to the European patent may validly be transferred before the filing of the application, e.g. by contract, by inheritance , or as a consequence of the "employee's rights" as determined by the applicable national law. [ 2 ]
Double patenting is the granting of two patents for a single invention, to the same proprietor and in the same country or countries.According to the European Patent Office, it is an accepted principle in most patent systems that two patents cannot be granted to the same applicant for one invention. [1]
Thus, provided an inventor is diligent in actually reducing an application to practice, he or she will be the first inventor and the inventor entitled to a patent, even if another files a patent application, constructively reducing the invention to practice, before the inventor. [4] However, the first applicant to file has the prima facie right ...
Divisional applications are generally used in cases where the parent application may lack unity of invention; that is, the parent application describes more than one invention and the applicant is required to split the parent into one or more divisional applications each claiming only a single invention.
A "continuation application" is a patent application filed by an applicant who wants to pursue additional claims to an invention disclosed in an earlier application of the applicant (the "parent" application) that has not yet been issued or abandoned. The continuation uses the same specification as the pending parent application, claims the ...
For a patent to be valid in Canada, the invention claimed therein needs to be new and inventive.In patent law, these requirements are known as novelty and non-obviousness.A patent cannot in theory be granted for an invention without meeting these basic requirements or at least, if a patent which does not meet these requirements is granted, it cannot later be maintained.
Inv / Pat: The average number of inventors listed on the inventor's most recent 50 patents as of September 7, 2021 or on the date the inventor was added to the table if later. "NA" signifies the inventor was active prior to digital records. Pat Residence: The country of inventor's residence listed in their most recent patent issuance.
Examination is the process of ensuring that an application complies with the requirements of the relevant patent laws. Examination is generally an iterative process, whereby the patent office notifies the applicant of its objection (see Office action). The applicant may respond with an argument or an amendment to overcome the objection.