Patent Appeal Board

The Patent Appeal Board (PAB; French: Commission d'appel des brevets) is an administrative body within the Canadian Intellectual Property Office (CIPO) responsible for making recommendations to the Commissioner of Patents regarding certain kinds of cases involving patents.[5] These include: reviewing patent and industrial design applications that have been refused by examiners; considering requests to re-examine a patent based on prior art; overseeing the process under Canada's Access to Medicines Regime; dealing with cases of patent abuse; providing advice when an employee of the Public Service of Canada develops an invention; creating agreements when the federal or provincial government is interested in using a patented invention; handling allegations of misconduct by a patent agent; and, organizing exams to become a patent or trademark agent in Canada.[5]

Not to be confused with Patent Trial and Appeal Board, the equivalent body in the United States.
Patent Appeal Board
Commission d'appel des brevets

Place du Portage Phase I building (left) where the Patent Appeal Board headquarters are located in Gatineau, Quebec
Agency overview
TypeAdministrative tribunal
JurisdictionGovernment of Canada
HeadquartersGatineau, Quebec[1]
45.428499°N 75.712720°W / 45.428499; -75.712720
Employees16[2]
Minister responsible
Agency executives
Parent departmentInnovation, Science and Economic Development Canada
Parent agencyCanadian Intellectual Property Office
WebsiteOfficial website

The PAB is based in Gatineau, Quebec as part of the National Capital Region.[1] The current Chair of the Board is Nathalie Tremblay.[4]

In 2020, the PAB provided written reasons and made recommendations for 43 cases to the Commissioner of Patents, who then issued decisions in those cases.[6] Recommendations of the Board (and ultimately, decisions of the Commissioner) can be appealed to the Federal Court of Canada.[5]

Structure

The PAB is composed of a chairperson and members who are senior officials of the Patent Branch at the Canadian Intellectual Property Office.[2][4][5][7][8]

Current

NameRoleYears Active[lower-alpha 1]Cases[lower-alpha 2]Ref.
Alison CanteenwallaMember2019—present3[9]
Andrew StrongMember2008—present78[2][10]
Cara WeirMember2013—present27[2][11]
Christine TeixeiraMember2012—present21[12]
Howard SandlerMember2018—present21[2][13]
Iain BaxterMember2020—present2[14]
Jeremy GarnetMember2020—present3[15]
Kurtis UlicnyMember2020—present1[16]
Leigh MathesonMember2012—present58[2][17]
Lewis RobartMember2016—present46[2][18]
Liang JiMember2016—present15[2][19]
Mara GravelleMember2017—present14[2][20]
Marcel BriseboisMember2010—present66[2][21]
Minghui ShiMember2019—present2[22]
Nathalie TremblayChairN/AN/A[2][4][23]
Paul FitznerMember2007—present86[2][24]
Ryan JaecquesMember2009—present10[25]
Sean WilkinsonMember2020—present1[26]
Stephen MacNeilMember2006—present91[2][27]
Vincent PellerinMember2020—present1[28]

Previous
This list is incomplete; you can help by adding missing items with reliable sources.
NameRoleYears Active[lower-alpha 1]Cases[lower-alpha 2]Ref.
Ana SzpaizerMember20191[29]
Andrew O'MalleyMember2016—20203[30]
Andrew PothierMember2019—20202[31]
Andy WongMember20193[32]
Claude PlanteMember20191[33]
Ed MacLaurinMember2007—202089[34]
Jason FisherMember20191[35]
Kristina BodnarMember2016—20194[36]
Mark JanczarskiMember20191[37]
Nenad JevticMember20191[38]
Charles MougeotMember20191[39]
Reid MulliganMember20191[40]

Decisions

Since 1970, the Commissioner of Patents (on the recommendation of the PAB) has decided approximately 800 reported cases in total.[41] The Board deals primarily with issues of patentable subject matter, which comprise about 80% of its caseload.[42] In cases where that is the issue, the PAB has tended to reject those patent applications.[42] The Commissioner generally accepts the recommendation of the Board, except on seldom occasions.[8] Although the number of reported cases varies from year to year, on average, the Board provides recommendations to the Commissioner in 16 cases annually. Based on the recommendation of the PAB, the Commissioner makes the final decision in approximately 95% of patent cases under its jurisdiction, with only around 45 cases being appealed.[43] Decisions are appealed directly to the Federal Court of Appeal.[8]

See also

Notes
  1. Years that the member actively provided written reasons and made recommendations for reported cases.
  2. Number of reported cases for which the member provided written reasons and made recommendations during their tenure at the PAB.

References
  1. "Contact: Canadian Intellectual Property Office". Government of Canada. 2020-08-31.
  2. "Browse Organization". Government of Canada. 2020-10-10.
  3. "Konstantinos Georgaras, interim Chief Executive Officer". Government of Canada. 2020-09-11.
  4. "Organizational structure - Canadian Intellectual Property Office". Government of Canada. 2020-09-25.
  5. "About the Patent Appeal Board - Canadian Intellectual Property Office". Government of Canada. 2020-07-06.
  6. "Commissioner of Patents—Decisions issued in 2020". CanLII.
  7. "Patent Appeal Board - Canadian Intellectual Property Office". Government of Canada. 2020-06-30.
  8. "Patent Appeal Board - Irwin Law". Irwin Law. 2020.
  9. "Commissioner's Decisions - Patent Appeal Board - Alison Canteenwalla". Government of Canada. 2021-01-18.
  10. "Commissioner's Decisions - Patent Appeal Board - Andrew Strong". Government of Canada. 2021-01-18.
  11. "Commissioner's Decisions - Patent Appeal Board - Cara Weir". Government of Canada. 2021-01-18.
  12. "Commissioner's Decisions - Patent Appeal Board - Christine Teixeira". Government of Canada. 2021-01-18.
  13. "Commissioner's Decisions - Patent Appeal Board - Howard Sandler". Government of Canada. 2021-01-18.
  14. "Commissioner's Decisions - Patent Appeal Board - Iain Baxter". Government of Canada. 2021-01-18.
  15. "Commissioner's Decisions - Patent Appeal Board - Jeremy Garnet". Government of Canada. 2021-01-18.
  16. "Commissioner's Decisions - Patent Appeal Board - Kurtis Ulicny". Government of Canada. 2021-01-18.
  17. "Commissioner's Decisions - Patent Appeal Board - Leigh Matheson". Government of Canada. 2021-01-18.
  18. "Commissioner's Decisions - Patent Appeal Board - Lewis Robart". Government of Canada. 2021-01-18.
  19. "Commissioner's Decisions - Patent Appeal Board - Liang Ji". Government of Canada. 2021-01-18.
  20. "Commissioner's Decisions - Patent Appeal Board - Mara Gravelle". Government of Canada. 2021-01-18.
  21. "Commissioner's Decisions - Patent Appeal Board - Marcel Brisebois". Government of Canada. 2021-01-18.
  22. "Commissioner's Decisions - Patent Appeal Board - Minghui Shi". Government of Canada. 2021-01-18.
  23. "Commissioner's Decisions - Patent Appeal Board - Nathalie Tremblay". Government of Canada. 2021-01-18.
  24. "Commissioner's Decisions - Patent Appeal Board - Paul Fitzner". Government of Canada. 2021-01-18.
  25. "Commissioner's Decisions - Patent Appeal Board - Ryan Jaecques". Government of Canada. 2021-01-18.
  26. "Commissioner's Decisions - Patent Appeal Board - Sean Wilkinson". Government of Canada. 2021-01-18.
  27. "Commissioner's Decisions - Patent Appeal Board - Stephen MacNeil". Government of Canada. 2021-01-18.
  28. "Commissioner's Decisions - Patent Appeal Board - Vincent Pellerin". Government of Canada. 2021-01-18.
  29. "Commissioner's Decisions - Patent Appeal Board - Ana Szpaizer". Decisia by Lexum and Government of Canada. 2020-11-09.
  30. "Commissioner's Decisions - Patent Appeal Board - Andrew O'Malley". Decisia by Lexum and Government of Canada. 2021-01-18.
  31. "Commissioner's Decisions - Patent Appeal Board - Andrew Pothier". Government of Canada. 2021-01-12.
  32. "Commissioner's Decisions - Patent Appeal Board - Andy Wong". Decisia by Lexum and Government of Canada. 2020-11-09.
  33. "Commissioner's Decisions - Patent Appeal Board - Claude Plante". Decisia by Lexum and Government of Canada. 2020-11-09.
  34. "Commissioner's Decisions - Patent Appeal Board - Ed MacLaurin". Decisia by Lexum and Government of Canada. 2020-11-09.
  35. "Commissioner's Decisions - Patent Appeal Board - Jason Fisher". Decisia by Lexum and Government of Canada. 2020-11-09.
  36. "Commissioner's Decisions - Patent Appeal Board - Kristina Bodnar". Decisia by Lexum and Government of Canada. 2020-11-09.
  37. "Commissioner's Decisions - Patent Appeal Board - Mark Janczarski". Decisia by Lexum and Government of Canada. 2020-11-09.
  38. "Commissioner's Decisions - Patent Appeal Board - Nenad Jevtic". Decisia by Lexum and Government of Canada. 2020-11-09.
  39. "Commissioner's Decisions - Patent Appeal Board - Charles Mougeot". Decisia by Lexum and Government of Canada. 2020-11-09.
  40. "Commissioner's Decisions - Patent Appeal Board - Reid Mulligan". Decisia by Lexum and Government of Canada. 2020-11-09.
  41. "Canada (Federal) - Commissioner of Patents". CanLII. 2020-11-09.
  42. "Patent Appeal Board - IPPractice". IPPractice. August 18, 2020.
  43. "Commissioner of Patents; limited to: Federal Court". CanLII.
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