Avery Dennison Corporation v. The Commissioner of Patents, 2024 FC 1339
Justice Furlanetto - 2024-08-28
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The court granted the application to amend the records of the Patent Office to add an omitted inventor to a Canadian patent and change the ownership of the patent. The court found that the applicant met the requirements under section 52 of the Patent Act and established that the inventor's omission was a mistake. The evidence showed the significant contribution of the omitted inventor to the patented invention. The Hague Court's decision in the Netherlands regarding corresponding European patent applications supported the correction of inventorship and ownership. Both parties involved in the ownership dispute consented to the relief requested. As a result, the court ordered the addition of the omitted inventor's name to the patent and transferred ownership to the rightful party in accordance with the Hague Court's judgment.
Decision relates to:
- T-1328-24 - AVERY DENNISON CORPORATION v. THE COMMISSIONER OF PATENTS