PATENTS |
Practice |
First Green Park Pty. Ltd. v. Canada (Attorney General)
A-674-98
Strayer J.A.
22/3/00
6 pp.
Appeal from Trial Division's decision ([1999] 1 F.C. D-37) Commissioner of Patents had no discretion to extend time for appellant to apply for reinstatement of international patent application deemed to have been abandoned in February 1993--By virtue of Patent Cooperation Treaty and Patent Cooperation Treaty Regulations (Canadian Regulations), applicant entitled to seek registration in Canada within 30 months of priority date, namely February 1993, but failed to do so and application deemed abandoned as of that date--Canadian Regulations, s. 15(3) allowing further 12 months for appellant to request reinstatement of application, but request made 18 months after abandonment--Appeal dismissed--Commissioner had no authority to extend period for reinstatement beyond 12-month period prescribed by Canadian Regulations, s. 15(3)--Treaty provision authorizing Contracting States to extend time (s. 48(2)(b)) not self-executing provision of international law having automatic legal effect upon adoption as national law--Rather, enabling provision requiring Canada to take some steps effective by Canadian law to extend time or authorize someone to exercise discretion to extend time--Canadian Regulations did not enact such change--Rather, Canadian Regulations, s. 15(3) specifically limiting time to 12 months--Patent Cooperation Treaty Regulations, SOR/89-453, s. 15(3) (as am. by SOR/94-284, s. 4)--Patent Cooperation Treaty, June 19, 1970, [1990] Can. T.S. No. 22, Art. 48(2)(b).