The Federal Court recently issued a decision in the case of Olkowski v. College of Patent Agents and Trademark Agents.
Mr. Andrew Olkowski applied for judicial review in the Federal Court of a decision of the Investigations Committee of the College of Patent Agents and Trademark Agents ("CPATA"). Mr. Olkowski had made a complaint against an Alberta lawyer and patent agent to the Investigations Committee of the CPATA. Mr. Olkowski alleged that he had lost control of a Canadian patent application of which he was one of the co-inventors due to the patent agent's negligence and breach of fiduciary duties. However, after investigation, the Investigations Committee concluded that the evidence did not support Mr. Olkowski being a client of the patent agent, or that the patent agent owed Mr. Olkowski duties as if he were a client.
On judicial review, the Federal Court was not persuaded by Mr. Olkowski's arguments and held that the decision reached by the Investigations Committee was reasonable. This case highlights the importance of establishing a clear understanding of the patent agent and client relationship.
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