Advising government departments regarding the Public Servants Inventions Act
In regard to questions concerning the application of the Public Servants Invention Act, the Patent Appeal Board plays an advisory role, offering information and guidance to other government departments in cases concerning inventions made by public servants.
Under section 3 of the PSIA, inventions made by public servants in connection with their duties, or made with the facilities, equipment, or financial aid of the government, belong to the government.
Under section 4.(1) of the PSIA, every public servant who makes an invention must:
- inform the appropriate Minister of the invention;
- not file for a patent outside of Canada without Ministerial consent; and
- disclose in any patent application that he/she is a public servant.
Under subsection 4(2) of the PSIA, the Commissioner of Patents has a duty to inform the appropriate Minister if he believes that a public servant has filed an application for patent.