Bayer Cropscience LP v. Canada (Attorney General), 2017 FC 178
Justice O'Reilly - 2017-02-13
Read full decision. Automatically generated summary:
Bayer Cropscience LP maintains that the Commissioner of Patents has incorrectly recorded the priority filing date for Bayer’s Canadian Patent Application No 2,907,271 (the ‘271 Application). Bayer asks me to order the Commissioner to change the ‘271 Application’s priority date from April 19, 2012 to April 3, 2012. I find that the Commissioner did not err in refusing Bayer’s request to amend the priority date. The Commissioner of Patents correctly concluded that Bayer’s request for a priority date of April 3, 2012 was made too late. Further, she was under no duty to amend the patent register to reflect that date. I must, therefore, dismiss this application for judicial review, with costs.
Decision relates to:
- T-2188-15 - BAYER CROPSCIENCE LP v. A.G.C. ET. AL.
- A-91-17(2018 FCA 77) - which is an appeal from this decision