Pfizer Inc. v. Canada ( Commissioner of Patents )
T-1291-98
Cullen J.
10/6/99
14 pp.
Application for judicial review of decisions, dated March 20, 23, 1998, sent by Commissioner of Patents, stating earlier decision dated February 24, 1998 to reinstate applicant's patent application sent in error, applicant's letter dated March 10, 1997 not qualifying as request for reinstatement, patent application deemed abandoned-Applicant seeking declaration patent application 2,131,371 reinstated as of January 27, 1998, order quashing decision of Commissioner of Patents dated March 23, 1998-On may 10, 1996, Pfizer instructing patent agents to abandon 371 application-On May 23, 1996, Pfizer told by agents abandonment could be achieved by failing to pay next maintenance fee-Patent Office sending two letters dated March 20, 23, 1998 to applicant's patent agents-Whether letters decisions subject to review under Federal Court Act, s. 18.1-Letters issued by Patent Office pursuant to statutory power, in response to applicant's abandonment, subsequent attempted reinstatement of patent application under Patents Act-Letters affecting rights, interests of applicant, determinative in final sense in purporting to extinguish applicant's patent application-Subject to review by Court-Notwithstanding apparent failure to satisfy requirements of Act, s. 73(3), Patent Office issued Notice of Reinstatement on February 24, 1998-Aside from certain circumstances, tribunal considered functus officio once decision rendered-Notice of reinstatement sent to applicant-Unless applicant abandons application, notice of reinstatement should govern-Application allowed-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5)-Patent Act, R.S.C., 1985, c. P-4, s. 73(3) (as am. by S.C. 1993, c. 15, s. 52).