In Matco Tools Corporation v Canada (Attorney General), 2025 FC 118 (Matco Tools), the Federal Court found that a decision by the Commissioner of Patents to refuse to reinstate a patent application following the failure to...more
2/7/2025
/ Abandonment ,
Appeals ,
Canada ,
Canadian Intellectual Property Office (CIPO) ,
Due Care ,
Federal Court Litigation ,
Fees ,
Intellectual Property Litigation ,
Patent Act ,
Patent Applications ,
Patents
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
12/20/2024
/ Canada ,
Canadian Intellectual Property Office (CIPO) ,
Corporate Counsel ,
Deferred Action ,
Fees ,
Final Rules ,
Patent Applications ,
Patent Examinations ,
Patent Term Adjustment ,
Patents ,
United States-Mexico-Canada Agreement (USMCA)
It has been four years since amendments to the Patent Act and Patent Rules were made, bringing the Patent Law Treaty (PLT) into force in Canada. The most consequential changes have proven to be the handling of missed...more
12/8/2023
/ Canada ,
Canadian Intellectual Property Office (CIPO) ,
Due Care ,
Intellectual Property Protection ,
New Rules ,
Patent Act ,
Patent Applications ,
Patent Cooperation Treaty ,
Patent Filings ,
Patents ,
Reinstatement
Amendments to the Patent Rules were published on June 21, 2023, revising the tariff of fees payable to the Canadian Patent Office, and broadening the small entity definition. The changes take effect on January 1, 2024....more
2022 was an active year in Canadian patent law. Claim fees were introduced for the first time; changes were made to regulations providing remedies for excessive pricing of patented medicines; and a range of court decisions...more
1/16/2023
/ Appeals ,
Canada ,
Canadian Intellectual Property Office (CIPO) ,
Canadian Patent Office ,
Claim Construction ,
Intellectual Property Protection ,
Patent Applications ,
Patent Infringement ,
Patent Litigation ,
Patented Medicine Prices Review Board (PMPRB) ,
Patents ,
Popular ,
WIPO
Rules amending the Patent Rules1 were registered on June 2, 2022 and will largely come into force on October 3, 2022. The rules introduce claim fees and a continued examination scheme to Canadian patent practice and are...more
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
1/28/2022
/ Canada ,
Canadian Intellectual Property Office (CIPO) ,
Corporate Counsel ,
Intellectual Property Protection ,
Inventive Concept Test ,
Life Sciences ,
Obviousness ,
Patent Act ,
Patent-Eligible Subject Matter ,
Patents ,
Pharmaceutical Patents ,
Privileged Communication ,
Trademarks
We recently reported that, in view of the ongoing COVID-19 disruption, the Canadian Intellectual Property Office (CIPO) has further extended patent, trademark, and industrial design deadlines until Monday August 24, 2020, and...more
8/20/2020
/ Canada ,
Canadian Intellectual Property Office (CIPO) ,
Coronavirus/COVID-19 ,
Court Schedules ,
Filing Deadlines ,
Intellectual Property Protection ,
Life Sciences ,
Patents ,
Pharmaceutical Industry ,
Time Extensions ,
Trademarks
In view of the ongoing COVID-19 disruption, the Canadian Intellectual Property Office (CIPO) has further extended patent, trademark, and industrial design deadlines fixed under the relevant legislation. Deadlines through...more
In view of the ongoing COVID-19 disruption, the Canadian Intellectual Property Office (CIPO) has further extended patent, trademark, and industrial design deadlines fixed under the relevant legislation....more
The Canadian Intellectual Property Office (CIPO) has launched a pilot program to provide accelerated examination of Canadian patent applications concerning medical technology related to COVID-19 and for which Health Canada...more
7/14/2020
/ Accelerated Examination Program ,
Canada ,
Canadian Intellectual Property Office (CIPO) ,
Coronavirus/COVID-19 ,
Eligibility Determination ,
Federal Pilot Programs ,
Health Canada ,
Local Patent Rules ,
Medical Devices ,
Medical Research ,
Patent Applications ,
Patents ,
Vaccinations
In view of the ongoing COVID-19 disruption, the Canadian Intellectual Property Office (CIPO) has further extended patent, trademark, and industrial design deadlines fixed under the relevant legislation. Deadlines through...more
In view of the ongoing COVID-19 pandemic, the Canadian Intellectual Property Office (CIPO) has further extended patent, trademark, and industrial design deadlines fixed under the relevant legislation. Deadlines through Friday...more
In view of the ongoing COVID-19 pandemic, the Canadian Intellectual Property Office (CIPO) has further extended patent, trademark, and industrial design deadlines fixed under the relevant legislation. Deadlines through Friday...more
In view of the ongoing COVID-19 pandemic, the Canadian Intellectual Property Office (CIPO) has further extended patent, trademark, and industrial design deadlines fixed under the relevant legislation....more
In view of the ongoing COVID-19 pandemic, the Canadian Intellectual Property Office (CIPO) has further extended patent, trademark, and industrial design deadlines fixed under the relevant legislation....more
In view of the COVID-19 outbreak, the Canadian Intellectual Property Office (CIPO) has announced that patent, trademark, and industrial design deadlines that fall due between March 16, 2020 and March 31, 2020 will be extended...more
Recently, the government of Canada published the final version of the new Patent Rules (SOR/2019-251) in Canada Gazette, Part II on July 10, 2019. The new Rules and associated amendments to the Patent Act will come into force...more
7/15/2019
/ Abandonment ,
Administrative Procedure ,
Canada ,
Canadian Intellectual Property Office (CIPO) ,
Certification Requirements ,
Clerical Errors ,
Deadlines ,
Filing Deadlines ,
Filing Fees ,
Filing Requirements ,
IP Assignment Agreements ,
Maintenance Fees ,
New Rules ,
Patent Act ,
Patent Applications ,
Patent Cooperation Treaty ,
Patent Examinations ,
Patent Prosecution ,
Patents ,
Priority Patent Claims ,
Third-Party Rights ,
WIPO