Canadian Energy Services L.P. v. Commissioner of Patents, 2024 FC 742
Justice Manson - 2024-05-14
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The court considered an application for judicial review of a decision by the Commissioner of Patents regarding the ownership and inventorship of a patent. The Commissioner had varied the records of the patent based on a court decision that declared the applicant as the sole owner and inventor of the patent. The applicant challenged the Commissioner's authority to make the variation without a corresponding court order. The main issues were the standard of review and whether the Commissioner erred in exercising authority without a specific court order. The court held that the standard of review was reasonableness, as the case did not involve concurrent jurisdiction with the courts. The court found that the Commissioner did not err in exercising authority based on a declaration without an order. Ultimately, the application for judicial review was dismissed.
Decision relates to:
- T-2642-23 - CANADIAN ENERGY SERVICES L.P. v. COMMISSIONER OF PATENTS ET AL