Salt Canada Inc. v. Baker, 2016 FC 830

In this case, SALT Canada Inc. (SALT) brought an application for a declaration pursuant to section 52 of the Patent Act to change the owner of the patent in issue to be SALT. There were a number of agreements signed over the years assigning the ownership of the patent. A dispute arose as to whether a recent Reassignment should be recorded by the Patent Office. The Court found that it did not have jurisdiction to consider this issue. Although section 52 of the Patent Actprovides the ability of the Court to vary or expunge entries in the Patent Office, the right of ownership must first be determined by considering the various agreements, which cannot be done by the Federal Court. Thus, the application was dismissed and costs in the lump sum amount of $10,000 were awarded.