Canadian Patents: Importance Of Registering Assignment

This is a review of a recent decision of the Ontario Superior Court of Justice, which has implications for Canadian patent owners and assignees.

The case is Verdellen v. Monaghan Mushrooms Ltd.

The facts are that the Applicant ("Verdellen") sought a declaration that he was the owner of certain patent rights outside North America for an invention he founded while employed by Rolland Farms ("Rolland"). Verdellen claimed such rights pursuant to a December 2008 written assignment agreement, which purported to assign the rights from Rolland to Verdellen (the "Assignment").

The invention in question was the subject of a Patent Coorperation Treaty ("PCT") Application with a Canadian National Phase Application.