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Journal of Intellectual Property Law & Practice Advance Access published online on July 2, 2009
Journal of Intellectual Property Law & Practice, doi:10.1093/jiplp/jpp096
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© The Author (2009). Published by Oxford University Press. All rights reserved.

Current Intelligence

Payment of patent maintenance fees merely mechanical

Emir Aly Crowne-Mohammed
University of Windsor, Canada

Sarnoff Corp. v Canada (Attorney General), 2008 FC 712, 6 June 2008

‘For unexplained motivations’, the Canadian Patent Office instituted abandonment proceedings against Sarnoff Corporation because the patent maintenance fees—which were always paid on time—were paid by an ‘improper person’ according to the Commissioner of Patents; however, on judicial review, Mr Justice Roger Hughes of the Federal Court of Canada held that it would clearly be a frustration of the legislative intent of the Patent Act if ‘non-patent’ matters always required the specialist intervention of patent agents and, in such routine and clerical matters, payment of fees can be achieved through ‘any’ agent acting on behalf of the principal, provided they are so authorized.

Correspondence: Email: emir{at}uwindsor.ca


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