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Canadian patent law 2024: a year in review

2024 was an active year in Canadian patent law, with the Federal Court issuing several decisions on the merits regarding invalidity and/or infringement. The courts also considered issues of the regulation of patent agents,...more

Canadian Patent Law 2023: A Year in Review

In our annual review of developments in Canadian patent law, we considered over 60 patent decisions reported last year. This article highlights statutory changes and a selection of interesting points addressed in the reported...more

Canadian patents: Establishing “due care” after failure to pay a maintenance fee

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

Canadian patent fees to increase in 2024: The first comprehensive fee hike in 20 years

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

Proposed legislation for patent term adjustment, and the interplay with CSPs

Bill C-47, “An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023,” aka “Budget Implementation Act, 2023, No. 1” is an omnibus bill that includes proposed amendments to the Patent Act to...more

A first look at Canada’s proposed patent term adjustment system

Bill C-47, entitled “An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023,” had its first reading in the House of Commons on April 20, 2023. This omnibus bill includes proposed...more

Canadian Patent law 2022: A Year in Review

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

Safe and cost-effective divisional application filing strategies under Canada’s newest patent rules

Canada recently introduced patent rules related to excess claim fees and continued examination fees that have the potential to complicate conventional approaches to filing divisional patent applications....more

Canada’s new patent claim fee rules: Alternative embodiments within a single claim

Historically, claim fees have not been payable at any time during the pendency of a Canadian patent application or term of the patent. This changed on October 3, 2022, and the present article discusses strategies for...more

Canada’s new patent claim fee rules: Alternative embodiments within a single claim

Historically, claim fees have not been payable at any time during the pendency of a Canadian patent application or term of the patent. This will change soon, and the present article discusses strategies for minimizing claim...more

New rules: Request examination of Canadian patent applications before October 3, 2022

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

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

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

Patentability of diagnostic methods – has the Canadian Patent Office drawn the line?

The importance of medical diagnostic technologies has been brought to the fore with the COVID-19 pandemic. Rarely does a day pass when the media does not report on matters of approval and availability of tests, testing...more

Late PCT national phase entry in Canada as of right will soon come to an end

As we have reported previously, substantial amendments to the Canadian Patent Act and new Patent Rules came into force on October 30, 2019...more

COVID-19 Update: Further extension of Canadian Intellectual Property Office deadlines to August 31, 2020

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

Welcome to Canada! 8 important life sciences IP issues for innovators doing business in Canada

Spanning 5525 miles, the United States-Canada border is the longest border between any two countries. U.S. goods and services trade with Canada totaled an estimated $718.5 billion in 2018, possibly the largest bilateral trade...more

Canadian Parliament passes legislation implementing the USMCA

Bill C-4, entitled An Act to implement the Agreement between Canada, the United States of America and the United Mexican States (i.e. the USMCA), has received royal assent from the Governor General of Canada....more

A Step Towards Canadian Ratification of "NAFTA 2.1"

Bill C-4, entitled An Act to implement the Agreement between Canada, the United States of America and the United Mexican States was tabled in the Parliament of Canada on January 29, 2020.  The bill introduces some amendments...more

What the amendments to the USMCA mean for Canadian IP law

On December 10, 2019, Canada, the United States and Mexico signed the Protocol of Amendment to the Agreement between the United States of America, the United Mexican States and Canada (commonly referred to as the USMCA). The...more

Canada introduces Bill C-100: A step towards ratification of “NAFTA 2.0”

In a step towards ratifying the Canada-United States-Mexico Agreement (CUSMA), the Canadian government introduced Bill C-100, entitled “An Act to implement the Agreement between Canada, the United States of America and the...more

New Bill C-86 introduces many more changes to IP laws

On October 29, 2018, the Canadian Government introduced Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures. Bill C-86 is omnibus legislation,...more

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