Gray Manufacturing Company Inc v Canada (AG), 2016 FC 55

The Federal Court granted an application under section 52 of the Patent Act to vary all entries of the Patent Office relating to the ownership of Canadian Patent No. 2,406,340 by recording Gray Manufacturing Company, Inc. as the owner. While working for Gray Manufacturing Company, Inc. (formerly Gray Automotive Products Co.), the sole inventor, Mr. Baker, inadvertently assigned his rights, titles and interests in the invention to Gray Automotive Products, Inc., as opposed to Gray Automotive Products Co. The Court noted that the Applicant was a person of interest as he was the intended owner of the Canadian Patent. The application was also supported by Mr. Baker, the assignor of the Canadian Patent, which this Court had previously held to be a person of interest. The Court acknowledged that it appeared that the mistake was unintentional, made in good faith, and, was made without any attempt to mislead or cause delay. Thus, the Applicant was entitled to the requested order.