Court headnote

DBC Marine Safety Systems Ltd. v. Canada (Commissioner of Patents) Court (s) Database Federal Court of Appeal Decisions Date 2008-09-09 Neutral citation 2008 FCA 256 File numbers A-558-07 Decision Content Date: 20080909 Docket: A-558-07 Citation: 2008 FCA 256 CORAM: RICHARD C.J. SEXTON J.A. BLAIS J.A. BETWEEN: DBC MARINE SAFETY SYSTEMS LTD. Appellant and THE COMMISSIONER OF PATENTS and THE ATTORNEY GENERAL OF CANADA Respondents Heard at Ottawa, Ontario, on September 9, 2008. Judgment delivered from the Bench at Ottawa, Ontario, on September 9, 2008. REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J. Date: 20080909 Docket: A-558-07 Citation: 2008 FCA 256 CORAM: RICHARD C.J. SEXTON J.A. BLAIS J.A. BETWEEN: DBC MARINE SAFETY SYSTEMS LTD. Appellant and THE COMMISSIONER OF PATENTS and THE ATTORNEY GENERAL OF CANADA Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on September 9, 2008) RICHARD C.J. [1] We are all of the view that this appeal should be dismissed. [2] The regime for patent applications is firmly established by the Patent Act and the Patent Rules. Together, the various legislative provisions set out a complete code governing the duties of an applicant for a patent, the consequences of a failure to comply with those duties, and the steps that may be taken to avoid those consequences. [3] We agree with Mr. Justice Mosley’s conclusion at paragraph 34 of his Reasons for Judgment (2007 FC 1142). Thus, where an applicant fails to r…

DBC Marine Safety Systems Ltd. v. Canada (Commissioner of Patents)
Court (s) Database
Federal Court of Appeal Decisions
Date
2008-09-09
Neutral citation
2008 FCA 256
File numbers
A-558-07
Decision Content
Date: 20080909
Docket: A-558-07
Citation: 2008 FCA 256
CORAM: RICHARD C.J.
SEXTON J.A.
BLAIS J.A.
BETWEEN:
DBC MARINE SAFETY SYSTEMS LTD.
Appellant
and
THE COMMISSIONER OF PATENTS
and
THE ATTORNEY GENERAL OF CANADA
Respondents
Heard at Ottawa, Ontario, on September 9, 2008.
Judgment delivered from the Bench at Ottawa, Ontario, on September 9, 2008.
REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J.
Date: 20080909
Docket: A-558-07
Citation: 2008 FCA 256
CORAM: RICHARD C.J.
SEXTON J.A.
BLAIS J.A.
BETWEEN:
DBC MARINE SAFETY SYSTEMS LTD.
Appellant
and
THE COMMISSIONER OF PATENTS
and
THE ATTORNEY GENERAL OF CANADA
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on September 9, 2008)
RICHARD C.J.
[1] We are all of the view that this appeal should be dismissed.
[2] The regime for patent applications is firmly established by the Patent Act and the Patent Rules. Together, the various legislative provisions set out a complete code governing the duties of an applicant for a patent, the consequences of a failure to comply with those duties, and the steps that may be taken to avoid those consequences.
[3] We agree with Mr. Justice Mosley’s conclusion at paragraph 34 of his Reasons for Judgment (2007 FC 1142).
Thus, where an applicant fails to respond to a requisition and the application is not reinstated within the year provided to rectify the situation, the patent application is abandoned as a matter of law. There is no discretionary decision which is reviewable by the Court.
[4] Accordingly, the appeal will be dismissed.
"J. Richard"
Chief Justice
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-558-07
APPEAL FROM A JUDGMENT OF THE HONOURABLE RICHARD MOSLEY DATED NOVEMBER 5, 2007, DOCKET NO. (T-1667-06)
STYLE OF CAUSE: DBC MARINE SAFETY SYSTEMS LTD. v. THE COMMISSIONER OF PATENTS and THE ATTORNEY GENERAL OF CANADA
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: September 9, 2008
REASONS FOR JUDGMENT OF THE COURT BY: (RICHARD C.J., SEXTON J.A. & BLAIS J.A.)
DELIVERED FROM THE BENCH BY: RICHARD C.J.
APPEARANCES:
Dennis Leung and Joy Mauthe
FOR THE APPELLANT
Rick Woyiwada
FOR THE RESPONDENTS
SOLICITORS OF RECORD:
Ridout & Maybee LLP
FOR THE APPELLANT
John H. Sims, Q.C.
Deputy Attorney General of Canada
FOR THE RESPONDENTS