PATENTS
Practice
Judicial review of Commissioner of Patents’ refusal to accept payment of patent application maintenance, reinstatement fees during one-year reinstatement period—Maintenance fee not paid by second anniversary date as result of clerical error—Application deemed abandoned—Allegedly unaware of abandonment, applicant sending payment with instruction to apply it to maintenance fee prior to third anniversary—Commissioner refusing to accept maintenance fee or to treat accompanying letter as request for reinstatement since no specific request for reinstatement—Whether request for reinstatement can be implied or must be made explicit—No authority under Patent Act, R.S.C., 1985, c. P-4 or Patent Rules, SOR/96-423 to allow Commissioner to accept general authorization statement in place of specific letter indicating request for reinstatement required by Patent Act, s. 73(3)(a)—Commissioner not having discretion to exercise herein—Application dismissed.
Actelion Pharmaceuticals Ltd. v. Canada (Attorney General) (T-1561-06, 2007 FC 425, Lagacé D.J., judgment dated 23/4/07, 14 pp.)