M-Systems Flash Disk Pioneers Ltd. v. The Commissioner of Patents

The Application's Judge dismissed the application for judicial review and refused to reinstate the patent application that was deemed to be abandoned. A summary of this Decision can be found here.

Essentially, the Examiner made two requisitions neither of which were responded to within the prescribed time frame, and the application went abandoned. The applicant submitted a reinstatement request in response to one of the requisitions but not the other.

The Court of Appeal held that the Application’s Judge made no reviewable error in dismissing the judicial review application of the Commissioner’s refusal to reinstate the patent. Furthermore, the Court of Appeal upheld the Application’s Judge’s determination that Rule 29 of the Patent Rules was constitutionally valid and did not violate the Canadian Bill of Rights.