Applicant
Respondent
- Parties: The applicant was Secure Energy (Drilling Services) Inc. The respondents were Canadian Energy Services L.P., John Ewanek, and the Attorney General of Canada.
- Subject Matter: This application under the Patent Act, 1985 concerned Canadian Patent No. CA 2,624,834 titled “Water-Based Polymer Drilling Fluid and Methods of Use”. The patent addressed a problem that occurred when drilling for oil in formations containing heavy crude oil and bitumen-rich oil sands. Canada Energy Services L.P. was the patent’s listed owner, while John Ewanek was the listed inventor. The applicant brought this application to “correct” the patent’s inventorship and ownership. The applicant alleged that it was the patent’s owner or co-owner and that Simon Levey was the true inventor or, alternatively, was a co-inventor with Ewanek. The applicant also sought an order under s. 52 of the Patent Act directing the Commissioner of Patents to vary the entry in the records of the Patent Office to reflect the court’s declarations.
- Ruling: The court ruled in the applicant’s favour. The court declared that Levey was the invention’s sole true and proper inventor and that the applicant was the invention’s true and proper owner.
- Date: The hearing was set on Feb. 21, 2023. The court released its decision on June 28, 2023.
- Venue: This was a federal case before the Federal Court.
- Amount: The court awarded the applicant costs in an amount to be agreed or determined.
Court
Federal CourtCase Number
T-1534-20Practice Area
Intellectual propertyAmount
$ 0Winner
ApplicantTrial Start Date
18 December 2020Download documents