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
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
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
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
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
The Budget Implementation Act, 2018, No. 2, Statutes of Canada 2018, c.27, received Royal Assent on December 13, 2018. As discussed in our earlier article, this is wide-ranging legislation implementing various provisions of...more
12/18/2018
/ Administrative Authority ,
Admissible Evidence ,
Amended Rules ,
Budget Implementation Act ,
Canada ,
Cease and Desist Orders ,
Experimental Use Exception ,
New Rules ,
Patent Act ,
Patent Infringement ,
Patent Litigation ,
Patent Prosecution History ,
Pharmaceutical Patents ,
Prior Use ,
Rulemaking Process ,
Standard Essential Patents ,
Subsequent Purchasers
On December 1, 2018, the Canadian government released its proposed new Patent Rules in the Canada Gazette, Part I. This is one of the last steps necessary for implementing significant changes to Canada’s patent law, which are...more