On September 5, 2025, the Federal Court of Appeal (FCA) set aside the decision of the Federal Court (FC) in Matco Tools Corporation v Canada (Attorney General), 2025 FC 118, and restored a decision of the Commissioner of Patents refusing to reverse the deemed abandonment of Canadian Patent Application No. 3,086,194 in Matco Tools Corporation v Canada (Attorney General), 2025 FCA 156.
This ruling by the Federal Court of Appeal affirms that the duty of due care under the Patent Act does not rest solely with the applicant or patentee, but extends to patent agents, foreign counsel, and third-party annuity service providers. As a result, those responsible for managing Canadian patent portfolios should consider whether they have adopted and documented sufficiently robust procedures in handling Patent Office notices and communicating with clients or intermediate instructing parties to avoid abandonment.
The presenters will explore the practical consequences of Matco and discuss best practice in the context of CIPO guidance and the Code of Professional Conduct for Patent Agents and Trademark Agents, from large firm, small firm, and in-house perspectives.
