Dutch Industries Ltd. v. Dommissioner of Patents et al.

Trial division decision regarding abandonment of patent for payment of fees at wrong entity level

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This was the trial division decision of the Federal Court of Canada in which I was a member of the counsel team, in the Dutch Industries case. This decision was rendered in respect of an application seeking a declaration that the Commissioner of Patents had no jurisdiction to accept a corrective top of the fee payments which were provided by the patentee in respect of two patent matters which were the subject of this inter partes patent infringement litigation. The defendant pled that the patent was invalid on the basis that small entity fees were paid when the patentee/applicant was not entitled to do so, and on this basis the patents were invalid.

The court ordered that the Commissioner had no jurisdiction to accept a corrective top up payment. This decision resulted in the entire overhaul of the fee payment practice before the Canadian Intellectual Property Office over the subsequent number of years.

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Reference Info:Decision | Canada


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