News & Analysis as of

Patents Canada Corporate Counsel

Stikeman Elliott LLP

Left on the Sidelines: The Canadian Patent Appeal Board Rules that Artificial Intelligence Cannot Hold Inventorship Status

Stikeman Elliott LLP on

Whether AI can be an “inventor” was the key issue in an important recent ruling of the Canadian Patent Appeal Board (the “PAB”). In Thaler, Stephen L. (Re), 2025 CACP 8, the PAB had to decide whether Canadian Patent...more

Smart & Biggar

A practical guide to Canada’s new Patent Term Adjustment (PTA) system

Smart & Biggar on

On January 1, 2025, Canada will implement a patent term adjustment (PTA) system to account for unreasonable delays by the Canadian Intellectual Property Office (CIPO) in issuing a patent. The final regulations were published...more

Stikeman Elliott LLP

Canadian Intellectual Property Office (CIPO) Official Fees to Increase Substantially on January 1, 2024

Stikeman Elliott LLP on

CIPO has recently announced that most of its official fees will increase by at least 25% in 2024. These adjustments will affect all pending applications for patents, trademarks, industrial designs and copyrights, as well as...more

Smart & Biggar

Federal Court of Canada launches specialized Intellectual Property Chambers pilot project

Smart & Biggar on

With the creation of specialized Chambers in the Federal Court, parties can be confident that judges assigned to their intellectual property matters in Canada will have intellectual property expertise. ...more

Dickinson Wright

Canadian Patent Infringement: The Role of Non-Infringing Options in Profit Calculations and the Availability of Springboard...

Dickinson Wright on

The Supreme Court of Canada recently clarified the role of non-infringing options as well as springboard profits when calculating profits in patent infringement cases....more

Goodwin

Canadian Patent Examination Will Soon Be More Expensive, Less Flexible and Require Additional Care in Prosecution to Avoid Loss of...

Goodwin on

Canadian Patent Examination - Significant fee increases will be effective at the Canadian Intellectual Property Office (“CIPO”) on October 3, 2022 related to excess claims (claims over 20) and the number of examination...more

Smart & Biggar

Canadian Patent Law 2021: A round-up of interesting developments and court decisions

Smart & Biggar on

2021 saw changes in Canadian patent legislation, and a variety of court decisions addressing rarely interpreted provisions of the Patent Act, early consideration of recently enacted provisions, and new takes on central tenets...more

Smart & Biggar

Canadian Trademark Law 2021: A Year in Review

Smart & Biggar on

2021 offered many lessons to Canadian trademark owners including: reminders of the challenges of enforcing inherently weak trademarks and the importance and benefits of registering IP rights at the Canadian border. As well,...more

Dickinson Wright

Proposed Changes to the Canadian Patent Rules

Dickinson Wright on

The Canadian government has provided notice of a number of proposed changes to the Canadian Patent Rules. These particular changes will impact patent Applicants’ costs and may call for different prosecution tactics. ...more

Smart & Biggar

2021 Highlights in Canadian Life Sciences IP and Regulatory Law

Smart & Biggar on

In the fall of 2021, the Rx IP Update team celebrated its 20thyear of monthly updates on Canadian life sciences IP and regulatory law. Below are highlights from our team’s 2021 updates...more

Smart & Biggar

FCA upholds reconsideration decision maintaining $100M+ award against Apotex for cefaclor patent infringement

Smart & Biggar on

Update: On September 28, 2021, Apotex applied to the Supreme Court of Canada for leave to appeal (Docket No. 39851).  On July 23, 2021, the Federal Court of Appeal (FCA) dismissed Apotex’s appeal of the Federal Court’s (FC)...more

Smart & Biggar

Canadian Patent Law 2020: A Year in Review

Smart & Biggar on

2020 was an unusual year by all accounts. In this article we take a look back at developments in Canadian patent law in the past year, including the Government of Canada’s and the Canadian Patent Office’s response to...more

Smart & Biggar

Canadian courts show trend of awarding higher costs in IP litigation

Smart & Biggar on

Every IP litigant has the same questions on their mind: “If I win, how much of my legal costs can I recover? And if I lose, how much will I have to pay?” These are important questions, and the answers now may be different...more

Smart & Biggar

Federal Court of Appeal affirms largest reported Canadian patent infringement award in history

Smart & Biggar on

In earlier decisions of the Federal Court (2017 FC 350 and 2017 FC 637), the Court ordered Nova Chemicals Corporation (Nova) to pay The Dow Chemical Company (Dow) approximately $650 million as a result of Nova’s infringement...more

Dickinson Wright

Patent Claim Construction Decision May Boost Patent Eligibility in Canada

Dickinson Wright on

Those applying for Canadian patents will be pleased to learn of a recent decision by the Federal Court of Canada invalidating the patent office’s controversial problem-solution approach to patent claim construction. The...more

Dickinson Wright

CIPO Pandemic Response: NEW Deadline Extension is August 28, 2020*

Dickinson Wright on

The Canadian Intellectual Property Office (CIPO) has now updated its Service and Website Interruptions page to inform the public of a new final deadline extension in response to the ongoing health crisis....more

Dickinson Wright

CIPO Pandemic Response: Final Deadline Extension Ends August 21, 2020*

Dickinson Wright on

The Canadian Intellectual Property Office (CIPO) has now updated its Service and Website Interruptions page to inform the public of a new, and final, deadline extension in response to the ongoing health crisis....more

Dickinson Wright

CIPO Pandemic Response: Update July 2020*

Dickinson Wright on

The Canadian Intellectual Property Office (CIPO) has now updated its Service and Website Interruptions page to inform the public of new deadline extensions in response to the ongoing health crisis....more

Dickinson Wright

CIPO Pandemic Response: Update June 2020* #2

Dickinson Wright on

The Canadian Intellectual Property Office (CIPO) has now updated its Service and Website Interruptions page to inform the public of new deadline extensions in response to the ongoing health crisis....more

Dickinson Wright

CIPO Pandemic Response: Update June 2020*

Dickinson Wright on

The Canadian Intellectual Property Office (CIPO) has now updated its Service and Website Interruptions page to inform the public of new deadline extensions in response to the ongoing health crisis....more

Dickinson Wright

CIPO Pandemic Response: Update May 2020*

Dickinson Wright on

The Canadian Intellectual Property Office (CIPO) has now updated its Service and Website Interruptions page to inform the public of new deadline extensions in response to the ongoing health crisis....more

Dickinson Wright

CIPO Pandemic Response: Update April 2020*

Dickinson Wright on

The Canadian Intellectual Property Office (CIPO) has now updated its Service and Website Interruptions page to inform the public of new deadline extensions and that its document dissemination service has now resumed...more

Dickinson Wright

CIPO Pandemic Response and Canada’s New Compulsory Patent Licensing Provisions

Dickinson Wright on

The Canadian Government and its operating agencies have provided a number of responses to the COVID-19 Emergency.  The purpose of this alert is to provide information about the responses pertaining to intellectual property in...more

Smart & Biggar

The new Canadian Patent Rules are now in force

Smart & Biggar on

The Patent Law Treaty (PLT), administered by the World Intellectual Property Organization (WIPO), was adopted on May 31, 2000, with the aim of harmonizing and streamlining formal procedures with respect to patent applications...more

Bennett Jones LLP

Changes to Canadian Patent Law

Bennett Jones LLP on

On October 30, 2019, the final stage of the new Canadian Patent Law will come into force. There will be many changes to Canadian Patent Law and practice. ...more

33 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide