Plasti-Fab Ltd. v. The Attorney General of Canada

This is an application pursuant to s. 52 of the Patent Act for an Order requiring the Commissioner of Patents to add an inventor to two issued Canadian Patents.

Evidence was put in explaining how Mr. Doren was not included in the list of inventors. Both affiants attested to it being a mistake, and discussed facts relating to Mr. Doren’s contribution to the invention. The Court accepted this evidence, and found that it was uncontested that Mr. Doren provided the necessary inventive concepts to meet the test for inventorship. Thus, the Court ordered that Mr. Doren be added as an inventor to the patents at issue.