Matco Tools Corporation v. Attorney General of Canada
Matco Tools Corporation
Law Firm / Organization
Fasken Martineau DuMoulin LLP
Lawyer(s)

Abbas Kassam

Attorney General of Canada
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

James Stuckey

- Parties: The applicant was Matco Tools Corporation. The respondent was the Attorney General of Canada.

- Subject Matter: This judicial review application sought to quash or to set aside a decision of the director of the Canadian Intellectual Property Office's Patent Policy and International Affairs Division for and on behalf of the Commissioner of Patents. The decision denied the applicant’s request for reinstatement of Canadian Patent Application No. 3,086,194. The applicant alleged that s. 73 of the Patent Act, 1985 applied only with respect to “applicants” under s. 2 of the Act, that the Commissioner erred in imposing a due care standard under s. 73(3)(b) of the Act that required a reasonably prudent applicant to take “all measures” to avoid a failure in paying maintenance fees, and that the applicant met the due care standard under s. 73(3)(b) of the Act relating to the failure to timely pay the application fees. This case is ongoing.

- Date: The hearing was set on Dec. 12, 2024.

- Venue: This was a federal case before the Federal Court.

- Amount: No financial award was specified.

Federal Court
T-31-24
Intellectual property
$ 0
06 January 2024