Poseidon, LLC Canada (The Commissioner Of Patents), 2025 FC 225
Justice McDonald - 2025-02-03
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On February 3, 2025, the Federal Court addressed a request for the reinstatement of two expired industrial design registrations under section 22 of the Industrial Design Act. The applicant contended that the expirations were due to errors by the Canadian Intellectual Property Office (CIPO), specifically issues related to the online payment system and the failure to acknowledge renewal instructions. However, the court found insufficient evidence to support the claim that the maintenance fees had been submitted, determining that the lapse was attributable to the applicant's agents' human error rather than faults in CIPO’s processes. Consequently, the request for reinstatement was dismissed. The court acknowledged the negative impact of the decision on the applicant but emphasized its lack of jurisdiction to grant the relief sought under the specific statutory framework.
Decision relates to:
- T-233-23 - POSEIDON BARGE LTD. v. CANADA (THE COMMISSIONER OF PATENTS)