Digests

Decision Information

Genencor International, Inc. v. Canada (Commissioner of Patents)

Collection Digests
Date 2007-04-11
Neutral citation 2007 FC 376
Report citation [2007] 3 F.C.R. D-16
File numbers T-262-06
Subjects Practice - Parties - Standing
Notes Full-Text Decision

Decision Content

PRACTICE

                                                                                                 Parties

                                                                                                 Standing

Novozymes seeking intervener status pursuant to Federal Courts Rules, SOR/98-106, r. 109 in appeal from decision of Commissioner of Patents to revoke patent issued to Genencor—Patent Act, R.S.C., 1985, c. P-4, ss. 48.1 to 48.5 not intended to provide third parties with summary procedure to directly challenge patent—Not comparable to summary expungement procedure of Trade-marks Act, R.S.C., 1985, c. T-13, s. 45—Motion to intervene assessed on facts, contributions Novozymes proposing to make to proceeding—Application of considerations set out in Pfizer Canada Inc. v. Canada (Attorney General), 2001 FCT 1166—Rules of practice should not be applied so as to create precedent whereby intervention by third parties will almost automatically be required in process where Parliament not contemplating intervention—Motion dismissed.

Genencor International, Inc. v. Canada (Commissioner of Patents) (T-262-06, 2007 FC 376, Tabib P., order dated 11/4/07, 24 pp.)

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.