PATENTS
Disclaimer—Judicial review of Patent Office’s refusal to accept filing of disclaimer under Patent Act, R.S.C., 1985, c. P-4, s. 48—Federal Court of Appeal holding under former version of that section Commissioner of Patents not having such discretion (Monsanto Co. v. Commissioner of Patents, [1976] 2 F.C. 476 (C.A.))—Parliament choosing not to amend Act—Power to make decision on validity of disclaimer belonging to courts in context of action or proceeding under Act respecting patent in issue—Commissioner’s power flowing exclusively from statute, regulations—Conditions for filing of disclaimer met in case at bar—Application allowed.
Richards Packaging Inc. v. Canada (Attorney General) (T-92-06, 2007 FC 11, Martineau J., order dated 5/1/07, 22 pp.)