Ottawa, July 11, 2007…A recent Federal Court decision on new disclosure requirements for Patents will have an extremely negative impact on Canadian research and innovation if not overturned on appeal. The decision runs counter to the CATAAlliance Innovation Nation Campaign, designed to improve Canada’s global innovation rating, now 14th among the 18 OECD countries. It is counter to global best practices.
We bring this matter to your attention as a legislative exposure alert as well as to confirm any interest you might have in making legal representations to the Federal Court of Appeal in an attempt to overturn this decision.
Impact of the Decision
The decision has been appealed. However, due to the particular nuance of the underlying proceeding, there is a risk that the Court may dismiss the appeal without considering the merits of the case. That being said, the Court may exercise its discretion to hear the appeal to resolve a significant question of law. Therefore, it is critical to establish with the Court of Appeal that this important question of law must be heard.
++ Action Required
One effective way of highlighting the negative impact of this case is for affected third parties to intervene and present written arguments to the Court of Appeal.
Please request your "New Disclosure Requirements for Patents" briefing note and confirm your interest by contacting CATAAlliance President, John Reid at firstname.lastname@example.org