Taillefer v. Canada (Attorney General), 2024 FC 259
Justice Furlanetto; Justice Furlanetto - 2024-02-16
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This court decision involves the application of the "due care" standard in relation to the payment of annual patent maintenance fees. The applicant requested the reinstatement of a patent after it was deemed to have expired for failure to pay the maintenance fee. The Commissioner of Patents denied the request, finding that the failure to pay the fee did not occur despite the due care required by the circumstances having been taken. The court reviewed the decision and found it to be reasonable, stating that the applicant had not taken all measures that a reasonably prudent patent holder would have taken to avoid the failure. The court also addressed the issue of procedural fairness and concluded that there was no breach of procedural fairness. Therefore, the application was dismissed.
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