Canadian decision clarifies patent-granting process
29 June 2009
Eileen McDermott, New York
The Canadian Federal Court has curbed the Patent Appeal Board’s ability to return applications for further prosecution before issuing a final action
The decision in Belzberg v Commissioner of Patents said that the Commissioner of Patents must clearly grant or refuse a patent application following a Patent Appeal Board hearing.
"The decision is an admonishment of the Patent Office’s practice of returning an application to the examiner for further prosecution," said Fraser Rowand of Ridout & Maybee, who served as counsel to...
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