Inadvertent Lapse Of Patent Rights In Canada

On September 9, 2008, Canada's Federal Court of Appeal rendered a decision in a closely watched case concerning the inadvertent lapse of patent rights: DBC Marine Safety Systems Ltd. v. Canada (Commissioner of Patents).¹

In that case, a patent examiner had reviewed the appellant's patent application and had issued a typical letter called an "office action". The office action indicated several respects in which the examiner felt the application was deficient and required either (i) that the application be amended to make it comply with the applicable requirements, or (ii) that arguments be provided as to why the application was already compliant. The office action also included a requisition under Rule 29 of the Patent Rules that the applicant provide information concerning prior art cited in the prosecution of corresponding patent applications in the US and the UK.