Patents

Decision Information

Decision Content

October 16, 1981

 

Mitches & Co.

Box 98

London, Ontario

N6A 4V3

 

Gentlemen:

 

Application No: 323,510

Applicant     : JLG Industries, Inc.

Title:      Scissors Linkage Workman's Platform

 

As you requested in your letter of September 1, 1981, I have reviewed

the prosecution of this application.

 

I do not find anything in the Patent Act specifying or indicating that

the Patent Office is located in Ottawa, as you have contended.

 

However, I do note that Rule 10,to which you did not refer, mentions

"the Office in Ottawa", and in Rule 2(h), "Office" is defined as meaning

the Patent Office. Rule 5 indicates that mail is to be addressed to The

Commissioner of Patents, Ottawa (though it does not state that the Office

itself is in Ottawa).

 

On the strength of Rule 10, there may consequently be some basis for your

contention that the Interpretation Act, Sec. 28, and Sec. 81(2) of the

Patent Act justify the Patent Office treating August 3, 1981, as a

dies non for patent responses.

 

I am therefore directing that the final fee received on August 4 be accepted.

Whether this interpretation is legally correct or might adversely affect

the validity of any patent granted, is a responsibility which you and

the applicant must assume.

 

A notice explaining our position about the August holiday will appear in

the Patent Office Record.

 

   Yours respectfully,

 

J.H.A. Gari‚py

Commissioner of Patents

 

Commissioner   Commissaire

of Patents    des brevets

Ottawa- Hull   Ottawa - Hull

K1A 0E1        K1A 0E1

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.