The examinations, which rigorously test candidates’ practical understanding of patent laws, procedures and drafting skills, are extremely difficult to write successfully. As such, passing the exams is a major professional milestone.

Van and Erica will soon be added to the register of Canadian Patent Agents, and will be assuming greater responsibilities at the firms that will enhance our capacity to provide insightful intellectual property advice to our clients, in the personable manner for which we are known.

We wish Van and Erica continued success at the firms, and in this profession.

Firms’ support of Toronto Brigantine’s Bursary Fund enables less fortunate youth to benefit from unique maritime programs

TORONTO, CANADA (October 25, 2010) – Sim & McBurney, and Sim Lowman Ashton & McKay have made a major endowment contribution to the Toronto Brigantine Inc. (TBI) Bursary Fund that will provide youth ages 12-18 with unique and valuable skills and leadership training aboard two, Canadian tallships: STV Pathfinder and TS Playfair.

This contribution was made in memory of Stephen Lane, their late partner in the firms who served as a Director on TBI’s board.

Young people from diverse communities seldom consider taking part in TBI activities and funding has always been one of the principle barriers. As part of its commitment to support youth in underserved communities, this endowment will cover the costs of tall ship sail training for two youth in perpetuity. It will pay for transportation to and from the vessels, food and accommodation. Selected young people are expected to continue their learning experience in the following Winter Program.

At Sim & McBurney, Sim Lowman Ashton & McKay, Tim Lowman, one of the firms’ senior partners said “We are pleased to support a cause that was near and dear to Steve Lane’s heart, because he was near and dear to ours. We know that these funds will remove financial barriers that prevent less-fortunate young people from participating in this unique program which provides them with the opportunity to develop leadership and teamwork skills, build self confidence and experience the joys and challenge of working and sailing aboard a tall ship.”

Participants also benefit from the sense of belonging and shared responsibility for each other and the vessels they sail on. They also learn respect and appreciation of the environment, knowledge of Great Lakes heritage and the impact of the shipping industry on economic development in our province and across the country.

Sailors discovery and confront their limits and fears. “It’s this entire crew working together against the elements, wind and waves in your face. Taming this tall ship that is getting tossed around, you really feel like you’re doing something important” says Tessa Alexanian, a Senior Watch Officer. “Where else would I be trusted with such great level of responsibility?”

Toronto Brigantine is a registered Canadian charity founded in 1962 to ensure the ongoing development of youth through the demanding and challenging requirements of tall ship sailing. In the 48 years since, more than 20,000 young people have participated in the programs

Alumni find the programs have assisted many of them in transcending the difficulties of adolescence by helping them to find their vocational calling and develop courage, confidence and life-long relationships. Sim & McBurney and Sim, Lowman, Ashton and McKay are firms of patent and trade-mark agents and lawyers active in the professions and in support of community causes since 1970. To learn more visit www.sim-mcburney.com

Media contacts: Marguerite Pyron, Chief Development Officer, Toronto Brigantine Inc., 416-551- 3423, marguerite.pyron@torontobrigantine.org or

Tim Lowman, Partner, Sim & McBurney and Sim Lowman Ashton & McKay,
Tel: 416-849-8360, lowman@sim-lowman.com

TORONTO BRIGANTINE INC.
Leadership through Adventure since 1962!
413-215 Spadina Ave., Toronto, ON, Canada M5T 2C7
Phone/Fax: 416-596-7117
www.torontobrigantine.org – office@torontobrigantine.org
Registered Canadian Charity 11926 5924

On June 2, 2007, the Canadian Intellectual Property Office (CIPO) attempted to simplify the requirements for applicant entitlement by amending the Patent Rules to require that applicants file a Declaration of Entitlement that sets out how the applicant is entitled to file the patent application. However, this attempt at simplification actually ended up making things more difficult for applicants for several reasons.

First, the Declaration of Entitlement could only document transfers of rights that took place before the Canadian filing date. Particularly for national phase PCT applications, this has not always been easy. Many times the inventors are listed as the applicants on the original PCT application, however, by the time national phase filing is due, several months or even years after the original filing, the applicant has changed. In order to file the national phase application in Canada in the name of the proper applicant, confirmatory assignments that pre-date the filing date are then required. Furthermore, the Declaration of Entitlement has been a completion requirement for filing an application in Canada. If it is not timely filed, it is requisitioned by CIPO and the payment of a fee is required. Finally, when CIPO amended the Patent Rules to attempt to eliminate the requirement for assignments, they neglected to amend Section 51 of the Patent Act, which states that an assignment is void against any subsequent assignee, unless the assignment is registered before the registration of an instrument under which the subsequent assignee claims. Therefore, even though assignments were no longer required to be filed for transfers that took place before the filing date under the Patent Rules, applicants continued to file them and had the additional burden of filing a Declaration of Entitlement.

Further changes to the Patent Rules are taking place on October 1, 2010 and will undo at least in part the complications that were introduced by the previous amendments to the Patent Rules. Now an application will simply require either a statement indicating that the applicant is the inventor or a statement identifying who the inventor is. In the latter case, a declaration will be required that states that the applicant is the “legal representative” of the inventor. Under the Patent Act, “’legal representatives’ includes heirs, executors, administrators, guardians, curators, tutors, assigns and all other persons claiming through or under applicants for patents and patentees of inventions.” No details regarding how the applicant became the legal representative of the inventor and thus entitled to file the patent application need be supplied, making this a much more straightforward process. Additionally, while CIPO may requisition this declaration if it is not timely filed, there is no accompanying fee required.

The new declaration requirements apply to all patent applications, including national phase PCT applications, that are filed on or after October 1, 2010. For patent applications filed before October 1, 2010, the current Patent Rules and Declaration of Entitlement apply, however, in non-PCT applications filed before October 1, 2010, the new simplified declaration may be substituted for the former Declaration of Entitlement requirement. Additionally, for those applications in which the deadline for filing the Declaration of Entitlement with payment of a completion fee has not expired as of October 1, 2010, the new Patent Rules cancel the requisition and the applicant can expect to receive a new requisition for the simpler declaration without payment of a fee.