point: If there is more than one invention, the patent office can insist on division or the applicant may divide on his or her own initiative. A wrong decision by an applicant can cause severe problems and may even risk invalidation of the patent(s). Examination In Canada, a specialized examiner will check the specification against the documents in the patent office's extensive library and other public sources, and decide whether a patent should be granted. Anything that would invalidate an issued patent bars the initial grant. As Professor Vaver explains: All patent offices see their job as granting, not rejecting, patents. Thus, an examiner's objections are directed at ensuring that a valid patent issue. The patent office can reject an application only if it is positively satisfied that the applicant is not by law entitled to a patent. This is a result of s. 40 of the Patent Act which states: The non-discretionary nature of the Commissioner's duty was confirmed in Monsanto Canada Inc. v. Schmeiser where Pigeon J., after citing s. 40 stated: An applicant may overcome objections to the application by argument or amendment. If the examiner is satisfied, the application is allowed and a patent is issued. If the examiner is not satisfied, the examiner will issue a final action letter, with reasons for rejecting the application. A rejection can be appealed to a Patent Appeal Board comprising senior patent office examiners. If the applicant is unsuccessful there, he or she can appeal directly to the Federal Court and ultimately the Supreme Court of Canada. Truthful application In Canadian patent applications, a distinction is drawn between specifications and drawings, and the petition itself through s. 53 of the Patent Act which states: Thus, the Act stipulates that the specifications and drawings should contain only what is needed to describe, disclose, and exemplify the inventions. Any omissions or additions made wilfully “for the purpose of misleading” invalidate the patent. Innocent errors in the specifications and drawings thus appear not to invalidate an entire patent. The petition for a patent must be truthful in that a false “material allegation” invalidates the patent. This requirement applies only to false allegations in the petition itself. Misstatements elsewhere are excluded, although a misstatement elsewhere may invalidate a patent for other reasons related to patentability such as insufficient disclosure or a lack of utility. Notes References Bibliography Canadian patent law