Dr. Falk Pharma GMBH v. Canada (Commissioner of Patents), 2014 FC 1117

The Applicant, Dr. Falk Pharma GMBH sought an order pursuant to s. 52 of the Patent Act to vary inventorship on a patent. The Application was uncontested and the Respondent did not appear. Affidavit evidence was filed indicating that the omission was inadvertent and due to an absence of knowledge of the different requirements for inventorship under Canadian and German laws. The Court was satisfied with the evidence and granted the order.