Coca-Cola Company v. Canada (Attorney General), 2023 FC 424

Justice Furlanetto - 2023-03-28

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The Appellant, The Coca-Cola Company, appeals a May 13, 2021 decision of the Commissioner of Patents [see 2021 CACP 26] in which the Commissioner adopted the recommendations of the Patent Appeal Board, and refused to grant a patent ... on the basis that the claims of the Application were obvious and did not satisfy section 28.3 of the Patent Act. ... As stated earlier, I agree that the Commissioner provided insufficient analysis of the method claims of the Proposed Claims, and in particular claim 18. However, I do not consider there to be any reviewable error of the Claims on File, or in the Commissioner’s approach to D6. For the above reasons, I will allow the appeal in part and refer the matter back to the Commissioner for redetermination of the method claims of the Proposed Claims, in accordance with these reasons.

Decision relates to:


Canadian Intellectual Property