Bristol-Myers Squibb Co. v. Canada ( Commissioner of Patents )
A-748-97
Desjardins J.A.
26/6/98
16 pp.
Appeal from Motions Judge's decision dismissing application to review Commissioner of Patent's refusal to issue certificate of correction pursuant to Patent Act, s. 8 even though had found clerical error had been made-Issue extent of Commissioner's discretion therein-Correcting error at issue would have effect, in document opened to public inspection since July 1994, of permitting entry in 1997 of priority date of July 1992-Commissioner preoccupied by retroactive effect of correction, by fact that reliability of opened document essential part of procedure of public inspection, by fact that third parties may have relied on information appearing in application and could be prejudiced by addition of part to priority claim-These considerations not irrelevant-Appeal dismissed-Clerical error within instrument, not instrument of record itself, which may be corrected by Commissioner-Correction requested had effect retroactive to instrument itself-Commissioner declined to make correction, found to be clerical one, on basis it went beyond instrument itself-As to effect on priority date, not for Commissioner, if not clearly spelled out, to look for priority date which may or may not be claimed-Patent Act, R.S.C., 1985, c. P-4, s. 8 (as am. by S.C. 1993, c. 15, s. 27).