Brown v. Canada Clarifies Obligations Of Patent Applicants

Bennett Jones successfully represented the Intellectual Property Institute of Canada (IPIC), Canada's preeminent association of intellectual property professionals, as an intervener before the Federal Court of Appeal in Brown v. Canada. In a decision released on February 5, 2016 (2016 FCA 37), the Court ruled that failure to disclose one's status as a public servant during the application process cannot constitute grounds to invalidate an issued patent. This ruling provides clarity for patent agents, patent applicants and patent owners.

Mr. Brown filed a patent application in 1999 for an invention relating to decontamination and containment of biological and chemical hazards. The patent issued in 2010. In 2012, Brown filed a patent infringement lawsuit in the Federal Court against the Crown and HDT Tactical Systems. HDT had been awarded a government contract for the same kind of system sold by Brown's company.