Salt Canada Inc. v. Baker, 2016 FC 830

Justice Boswell - 2016-07-20

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SALT Canada Inc. has brought an application for a declaration under section 52 of the Patent Act, that the records of the Patent Office relating to the title of Canadian Patent No. 2,222,058 be varied to list SALT, the Applicant in this proceeding, as the owner of the Patent. SALT also seeks an order directing the Commissioner of Patents to record an alleged reassignment of this Patent so as to list it as the owner in lieu of the Respondent, John W. Baker. In the alternative, SALT makes a further request in its Memorandum of Fact and Law for an order requiring Mr. Baker to execute the necessary assignment document to perfect an assignment of the Patent to the original owner and inventor of the Patent, Dr. Michael Markels Jr., effective as of May 12, 2015. The court concluded that the primary issue in this case relates to a matter of contract law – to wit, the ownership of the Canadian Patent in view of such agreements – and not to patent law, and until the issues associated with such ownership are otherwise resolved this case falls outside the jurisdiction of this Court.

Decision relates to:


Canadian Intellectual Property