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Who we are
The Canadian Patent Appeal Board (PAB) is an advisory body that plays a critical role in advancing innovation and assists the Commissioner of Patents in fulfilling his legislative duties.
In carrying out the duties under the Patent Act and Rules, the Commissioner performs acts that are quasi-judicial in nature. Generally speaking, the PAB is responsible for advising and providing recommendations to the Commissioner in performing such duties.
The PAB is composed of a chairperson, several members, and administrative officers. Each member is a senior official of the Patent Office with previous experience as a patent examiner in one of 4 examination disciplines, namely biotechnology, chemical, electrical or mechanical. The administrative team supports the chair and members in performing their duties and ensures smooth operation of the branch as well as sound stewardship of financial and human resources.
Our mission
To contribute to Canada's innovation and economic success by delivering quality and timely decisions related to patent issues, thereby providing greater certainty in the marketplace.
What we do
The PAB principally provides an appeal process for resolving impasses in the examination of patent applications before the Canadian Intellectual Property Office (CIPO). The PAB performs independent reviews of rejected patent applications, conducts oral hearings and ultimately provides written recommendations to the Commissioner on the disposition of these rejected applications. The other primary function of the PAB is administering the re-examination process when it is requested that a patent be re-examined based on submitted prior art.
The PAB is also responsible for advising the Commissioner on patent practice matters, monitoring litigation involving CIPO, and assisting the Commissioner in performing such duties as:
- Reviewing issued patents and making recommendations to the Commissioner when there are impasses between patentees and the Reissue Board;
- Reviewing patent applications and making recommendations to the Commissioner when there are impasses between applicants and examiners regarding lack of unity of invention;
- Providing advice to the Attorney General of Canada on litigation matters arising from decisions of the Commissioner;
- Administering the procedures under the Abuse of rights under patents section of the Patent Act (Section 65);
- Administering the procedures under Canada's Access to Medicines Regime;
- Advising government departments regarding the Public Servants Invention Act;
- Settling terms and conditions for the use of patented inventions by government; and
- Providing support to Health Canada related to the Patented Medicines (Notice of Compliance) Regulations.
Our main roles are to:
- Resolve impasses in examination and ensure compliance with the relevant legislation;
- Provide finality while maintaining a consistent, transparent and efficient administrative practice; and
- Deliver high-quality and timely decisions.
Over the 2019–2023 fiscal years, the PAB completed 56 reviews of rejected patent applications and 9 re-examination cases on average per year.
Why we are important
The PAB is critical to CIPO's role in administrating the intellectual property (IP) system and fostering innovation, technological change and creativity in Canada. The principal function of the PAB in providing appeal and re‑examination processes within CIPO allows for timely delivery of quality IP rights and services through operational excellence. The PAB renders high-quality decisions, ensuring compliance with the relevant legislation and latest jurisprudence, while adhering to the principles of natural justice and procedural fairness. PAB processes are efficient and transparent, reduce costly and time-consuming court proceedings, and allow clients to have confidence in their IP rights, thus contributing to a successful IP ecosystem in Canada. In turn, inventors are incentivized to continue developing new and innovative technologies leading to increased investment in research and development, the creation of new products and services, and ultimately, economic growth and job creation.
History of the Patent Appeal Board
The PAB was instituted by former Commissioner Laidlaw on July 1, 1970. The primary role of the PAB was to be that of an advisory body, assisting the Commissioner in reviewing final actions, holding oral hearings for the Commissioner, and making recommendations for the disposal of applications.
Prior to the formation of the PAB, all appeals from final rejections were handled by a final rejection board comprising the director of Examination Control, director of Planning and Special Studies, the examiner concerned, their section chief and division director. They studied the final rejection and the applicant's written response thereto and after making their decision, put it in the form of a brief letter for the Commissioner's signature. This letter was then sent to the applicant, who had the option of accepting the decision or filing an appeal to the Exchequer Court. On the face of it, this final rejection board may have been perceived as a somewhat biased body, since no oral hearing was available to the applicant, and since the examiner, section chief and division director had previously been involved and were then called on to review their own decisions.
In the years since the PAB was established, it has been charged with additional functions and duties performed on behalf of the Commissioner.