Novartis AG v. Canada (The Commissioner of Patents), 2024 FC 2027
Justice Aylen - 2024-12-13
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This case concerns an application under section 52 of the Patent Act seeking to add two individuals as co-inventors to a Canadian patent. The primary issue was whether the individuals should be recognised as co-inventors on the basis of inadvertent omission during the patent application process. The Commissioner of Patents did not participate in the proceedings. The court affirmed that it has the jurisdiction to rectify inventorship errors. Evidence presented included affidavits from both individuals confirming their contributions and consent to their addition as co-inventors. The court concluded that the omission was due to mistake rather than intentional delay. It determined that their addition as co-inventors would not impact the ownership of the patent, as all rights had been properly assigned to the current patent holder. The application was granted, resulting in their inclusion as co-inventors in the patent records.
Decision relates to:
- T-3027-24 - NOVARTIS AG v. COMMISSIONER OF PATENTS