PATENTS
Practice
Judicial review of decision made by Commissioner of Patents under Patents Act, R.S.C., 1985, c. P-4, s. 8 refusing request to correct Canadian patent application No. 2381559 by adding nine missing pages of text inadvertently omitted—In such cases of long delay, Commissioner entitled to presume third party interests could be adversely affected by s. 8 correction—Right of Commissioner to consider potential for third party prejudice in exercise of s. 8 discretion judicially recognized—Commissioner entitled to exercise statutory discretion for reasons expressed in Bristol-Myers Squib Co. v. Canada (Commissioner of Patents) (1997), 138 F.T.R. 144; affd (1998), 82 C.P.R. (3d) 192 (F.C.A.)—That inadvertent not sufficient to establish error clerical—Application dismissed.
Dow Chemical Co. v. Canada (Attorney General) (T-2179-05, 2007 FC 1236, Barnes J., judgment dated 26/11/07, 15 pp.)