PRACTICE
Parties
Motion to set aside Prothonotary’s order adding Novozymes as party respondent—Prothonotary erred in application of Federal Courts Rules, r. 338(1)(a) in context of Patent Act, ss. 48.1 to 48.5—R. 338(1)(a) cannot give right of appeal not granted by Patent Act—Act, s. 48.5 giving right of appeal to patentee only—Ss. 48.1 to 48.5 providing for re‑examination —Act clearly provides which parties involved—Federal Courts Rules, SOR/98‑106, rr. 1 (as am. by SOR/2002‑283, s. 2), 338(1)(a)—Patent Act, R.S.C., 1985, c. P‑4, ss. 48.5 (as enacted by R.S.C., 1985 (3rd Supp.), c. 33, s. 18).
Genencor International, Inc. v. Canada (Commissioner of Patents) (T‑262‑06, 2006 FC 1021, Pinard J., order dated 24/8/06, 8 pp.)
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