In H Lundbeck v Canada (Commissioner of Patents),(1) the Federal Court granted an application to amend a patent record to remove inventors and a co-owner. A notice of allegation (NOA) in respect of the patent was served after the application record was filed. The Court concluded that granting the application was appropriate as the NOA does not impugn ownership or inventorship, and there was no indication of how granting the application would prejudice rights or interests of the parties to the NOA. The Court reasoned that it was "immaterial to the public whether there is one inventor or two joint inventors as this does not go to the term or to the substance of the invention nor even to entitlement", and that the same may be said about the ownership of the patent.
For further information on this topic please contact Urszula Wojtyra at Smart & Biggar by telephone (+1 416 593 5514) or email ([email protected]). The Smart & Biggar website can be accessed at www.smartbiggar.ca.
(1) 2021 FC 1394.