Smith Sport Optics, Inc v. Canada (Attorney General), 2024 FC 949
Justice Tsimberis - 2024-06-19
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The Court was tasked with determining whether to amend the records of the Patent Office related to a patent to correct errors in inventorship and ownership. The Applicants sought to add individuals as co-inventors and a company as a co-owner to the patent. The Court's jurisdiction to correct such errors falls under section 52 of the Patent Act. The Applicants met the criteria as interested persons to make the application. Despite no specified test in the Patent Act, the Court considered the test used by the Commissioner of Patents for adding inventors. The Respondents took no position in the matter leading to the Court's decision to grant the application, amending the records to reflect the corrected inventorship and ownership details in line with the Patent Act provisions.
Decision relates to:
- T-2200-23 - SMITH SPORT OPTICS, INC. et Al. v. COMMISSIONER OF PATENTS et Al.