Federal Court of Appeal Decisions

Decision Information

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

 

 

 

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