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Smart & Biggar

Federal Court of Appeal sets aside two-stage test for assessing “due care”

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On September 5, 2025, the Federal Court of Appeal (FCA) set aside the decision of the Federal Court (FC) in Matco Tools Corporation v Canada (Attorney General), 2025 FC 118, and restored a decision of the Commissioner of...more

Smart & Biggar

Relief under Canada’s stringent “due care” standard for missed maintenance fees? Federal Court requires CIPO to consider events...

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In Matco Tools Corporation v Canada (Attorney General), 2025 FC 118 (Matco Tools), the Federal Court found that a decision by the Commissioner of Patents to refuse to reinstate a patent application following the failure to...more

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