The applicant, CAE Inc., the sole owner of Canadian Patent No. 3,000,463, applied under section 52 of the Patent Act to amend the patent's inventorship to add two co-inventors omitted by inadvertent error.
The omitted inventors contributed to the invention, assigned their rights to the applicant, and consented to the addition.
The Commissioner of Patents took no position.
The Court found the omission was a mistake made without intent to mislead and ordered the Commissioner of Patents to vary the records to add the co-inventors.
