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Protecting that bright idea

Thursday, March 12, 2015 @ 8:00 PM | By Jenna Wilson and Mee Ling Wong

What happens when your client discovers that a patent application for their invention was filed by an erstwhile business partner without identifying your client as an inventor or applicant? The result could be an irrevocable loss of rights if your client does not quickly act to seize control of the application, as seen in the recent Federal Court decision of Cloutier c. Thibault [2014] A.C.F. no 1279 — but figuring out how to accomplish this is another matter.

In a Canadian patent application, only the applicants...