PATENTS |
Hopkinson v. Canada (Commissioner of Patents)
A-599-97
Stone J.A.
13/4/00
3 pp.
Appeal from trial judgment ([1997] 3 F.C. D-23)--Whether patent examiners discharging function of Commissioner of Patents under Patent Act, s. 27(1) and for which require delegation of authority from Patent Commissioner pursuant to statute--What appellants did in "allowing" patent applications not requiring delegation of authority from Patent Commissioner--As Trial Judge found on evidence, and based on reading of s. 27(1), Commissioner, not patent examiner, granting patent--Judgment amended to reflect patent examiners appointed by Public Service Commission, not Treasury Board--Patent Act, R.S.C., 1985, c. P-4, s. 27 (as am. by R.S.C., 1985 (3rd Supp.), c. 33, s. 8).
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