Canada Patent Chief Can't Restart Exam: Judge

Law360, New York (June 24, 2009, 12:00 AM EDT) -- A Canadian judge has ruled that the country's commissioner of patents cannot restart an examination of a patent application after the defects cited in a patent examiner's final action rejection of an application have been addressed by an appeal board.

Judge Sandra Simpson of the Federal Court of Canada on Tuesday ruled that “a final action is to dispose of a patent application” and that the commissioner can either accept or refuse the patent application after a patent appeal board hearing but cannot return it to...
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