Repligen Corporation (“Repligen”) succeeded on judicial review of a decision of the Canadian Intellectual Property office’s patent commissioner (“the Commissioner”) denying Repligen’s request to correct a clerical error where maintenance fees were credited to the wrong patent and Repligen’s patent lapsed as a result
Administrative law – Decisions of administrative tribunals – Intellectual Property Office – Clerical errors – Intellectual property – Patents – Maintenance fees – Judicial review – Compliance with legislation – Privative clauses – Discretion of delegated authority – Discretion of court – Standard of review – Correctness – Reasonableness simpliciter Repligen Corp. v. Canada (Attorney ...