Judicial review of denial of Canadian national phase entry to international patent application—In May 2007 applicant seeking to disclaim priority claim to first invention in international patent application filed on July 1, 2004—Application for Canadian national phase entry for second, third inventions denied as disclaimer not accepted—Patent Rules, SOR/96-423, s. 58(3)(b) requiring international application to be filed within 42 months after priority date—S. 50 defining “priority date” by reference to Patent Cooperation Treaty (PCT), Art. 2: where international application containing several priority claims, filing date that of earliest application priority date—No provision for “disclaimer” of priority claim in international application in PCT or Regulations thereunder, but provision for withdrawal thereof prior to expiration of 30 months from priority date—Withdrawal not requested—To allow disclaimer of first invention priority date when withdrawal prescribed by limitation in Regulations would render Regulations meaningless, defeat intention of legislation—Application dismissed.
Antiballistic Security and Protection Inc. v. Canada (Commissioner of Patents) (T-1329-07, 2008 FC 587, Blanchard J., judgment dated May 8, 2008, 18 pp.)