| Citation: |
Belzberg v. Canada (Commissioner of Patents), 2009 FC 657, [2009] 4 F.C.R. D-6 |
T-248-08 |
Patents
Practice
Judicial review of failure, refusal, neglect of Commissioner of Patents to grant patent in respect of Canadian Patent Application No. 2119921—Whether Commissioner may restart examination of application after disposing of all defects alleged in examiner’s rejection labelled “Final Action” under Patent Rules, SOR/96-423, s. 30—Under relevant rules, i.e. rr. 30(3),(4),(6), if good faith impasse reached between examiner, applicant, applicant entitled to hearing about validity of outstanding issues causing examiner to reject application—Word “outstanding” in r. 30(4) indicating defects identified in final action comprehensive rather than mere selection—Interpretation harmonious with object, intention of scheme—Given manual of Patent Office Practice, language of r. 30, scheme of Patent Act, R.S.C., 1985, c. P-4, amendment to provision regarding “Final Actions”, clear final action must dispose of patent application—Following Patent Appeal Board hearing, Commissioner must either refuse patent application under Act, s. 40 or grant application under s. 27—Application allowed.
Belzberg v. Canada (Commissioner of Patents) (T-248-08, 2009 FC 657, Simpson J., judgment dated June 23, 2009, 18 pp.)