Segatoys Co., Ltd. v. Canada (Attorney General), 2013 FC 98

Segatoys applied under section 52 of the Patent
Act for an order amending the named inventors of Canadian Patent No.
2,547,539 (the ‘539 Patent). The application was uncontested as the Attorney
General did not file any affidavit evidence or memorandum or appear at the
hearing.

Application is granted.

The listed inventors did not contest that they
had no part in conceiving or developing the subject matter of the ‘539 patent.
The alleged real inventors provided notarized declarations supporting their
inventorship, which were accepted in place of affidavits.

The omission of the real inventors was due to
mistake or inadvertence, and was not for the purpose of misrepresentation or
delay.

The Patent Office records were amended to remove the
listed inventors and add the real inventors.