Premier Tech Ltée v. Équipements Tardif Inc.
T-283-93
Denault J.
24/3/93
5 pp.
Application to dismiss action for infringement brought by plaintiff on ground disclosed no reasonable cause of action and frivolous or vexatious -- Plaintiff made no allegation and submitted no evidence patent granted by Commissioner of Patents for his invention -- Action as brought premature and should be dismissed -- Patent Act, s. 55 makes granting of patent essential condition in determining period during which inventor entitled to reasonable compensation -- Expressly provides if patent granted on date application open for inspection, act would have been infringement -- So long as patent not granted by Commissioner of Patents, plaintiff cannot claim and assert exclusive right to invention and defendant could not defend itself from action for infringements of what is only application for patent, which may or may not be granted -- Not in interests of justice to suspend ordinary course of proceedings until patent granted -- Application allowed -- Patent Act, R.S.C., 1985, c. P-4, ss. 55 (as am. by R.S.C., 1985 (3rd Supp.), c. 33, s. 21), 57.