La Cour fédérale a statué dans l’arrêt Plasti-Fab Ltd. v. Canada (Attorney General), 2010 FC 172 que le Commissaire n’a pas les compétences pour corriger un brevet émis en ajoutant le nom d’un inventeur additionnel sans l’auhtorisation de la Cour Fédéral.
[6] The applicant claims that the mistake that resulted in Mr. Doren being omitted as an inventor occurred during a dispute regarding Mr. MacRae’s status which was subsequently resolved with Mr. MacRae being added as an inventor.
[7] The result, however, was that Mr. Doren was left off the list of inventors for both Canadian patents. Both affiants claim that they were not aware of the correct legal test for inventorship when they swore their 2000 affidavits. After receiving legal advice from their current counsel, Steven Tanner, on the correct test and reviewing their journal entries and memory of the discussion of concepts that became embodied in the ‘714 U.S. Patent, they now submit that Mr. Doren’s contributions mean that he should be listed as an inventor.
[8] In any event, both affiants claim that the omission of Mr. Doren as an inventor was a mistake and not for the purpose of delay.
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IT IS ORDERED that:
1. Pursuant to section 52 of the Patent Act, the Commissioner of Patents vary all entries in the records of the Patent Office with respect to the inventorship of Canadian Patent No. 2,298,435 by adding Gregory J. Doren as an inventor.
Pursuant to section 52 of the Patent Act, the Commissioner of Patents vary all entries in the records of the Patent Office with respect to the inventorship of Canadian Patent No. 2,402,580 by adding Gregory J. Doren as an inventor.