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
This week Canada rushed to implement new laws in response to COVID-19, including addition of Section 19.4 of the Patent Act. Bill C-13, entitled the COVID-19 Emergency Response Act, was introduced in Parliament on March 24,...more
3/27/2020
/ Amended Rules ,
Canada ,
Coronavirus/COVID-19 ,
Emergency Response Act ,
Infectious Diseases ,
Inventions ,
Medical Supplies ,
Patent Act ,
Patented Medicines ,
Prescription Drugs ,
Public Health Emergency ,
Relief Measures ,
Vaccinations
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
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
The 2010s saw many developments in Canadian patent law. Establishment of a trade agreement with the European Union, ratification of an international IP treaty, implementation of a national IP strategy, and other domestic...more
2/14/2020
/ Accelerated Examination Program ,
Canada ,
CETA ,
International Treaties ,
Legal History ,
Patent Act ,
Patent Cooperation Treaty ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patented Medicine Prices Review Board (PMPRB) ,
Patented Medicines ,
Patents ,
Pharmaceutical Patents ,
PMNOC Regulations ,
United States-Mexico-Canada Agreement (USMCA)
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
2/13/2020
/ Bilateral Agreements ,
Canada ,
Copyright Terms ,
Counterfeit Goods Regulation ,
Criminal Code ,
Customs ,
Intellectual Property Protection ,
NAFTA ,
Patent Term Adjustment ,
Proposed Amendments ,
The Copyright Act ,
Trademarks Act ,
United States-Mexico-Canada Agreement (USMCA)
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
1/3/2020
/ Amended Rules ,
Biologics ,
Canada ,
Certification Marks ,
CETA ,
Collective Marks ,
Copyright ,
CPTPP ,
Cross-Border Transactions ,
Domain Names ,
Industrial Design ,
Intellectual Property Protection ,
Internet Service Providers (ISPs) ,
NAFTA ,
Patent Law Treaty ,
Patent Term Adjustment ,
Safe Harbors ,
Trademarks ,
Trademarks Act ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA)
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
On October 30, 2019, amendments to the CanadianPatent Act and Patent Rules will come into force. The amendments, as reviewed in detail in our previous article, are largely geared to implementing the Patent Law Treaty....more
As Canadians begin to prepare for the first public holiday of the fall season, thoughts of turkey (or tofurkey), stuffing and loved ones gathered around the dinner table may serve to distract from the fact that the Canadian...more
As discussed in detail in our recent article, new Canadian Patent Rules, implementing requirements of the Patent Law Treaty, will come into force on October 30, 2019.
Two requirements under the new Rules warrant particular...more
10/4/2019
/ Canada ,
Certification Requirements ,
Corporate Counsel ,
Filing Deadlines ,
Foreign Patent Applications ,
Late Fees ,
Patent Applications ,
Patent Cooperation Treaty ,
Patent Filings ,
Patents ,
WIPO
Federal Court of Appeal requires PMPRB to re-determine whether patent ‘pertains to’ Galderma’s DIFFERIN -
On June 28, 2019, the Federal Court of Appeal granted the appeal of the Patented Medicine Prices Review Board (PMPRB...more
8/1/2019
/ Adverse Action Report ,
Annual Reports ,
Appeals ,
Biosimilars ,
CADTH ,
Canada ,
Dismissals ,
Draft Guidance ,
Drug Pricing ,
Guidance Update ,
Health Canada ,
Hospitals ,
Interlocutory Appeals ,
Judicial Review ,
Patent Act ,
Patented Medicine Prices Review Board (PMPRB) ,
Patented Medicines ,
Patents ,
Pharmaceutical Patents ,
PMNOC Regulations ,
Prescription Drugs ,
Public Consultations ,
Teva Pharmaceuticals
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
Canada recently introduced new legislation (The Budget Implementation Act, 2018, No. 2) which brought about several changes to the Patent Act affecting the scope of protection available under Canadian patents. Included in the...more
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
5/30/2019
/ Authors ,
Biologics ,
Canada ,
Copyright Terms ,
Counterfeiting ,
CUSMA ,
Damages ,
Data Protection ,
Intellectual Property Protection ,
NAFTA ,
New Legislation ,
Patent Term Adjustment ,
Trademarks ,
United States-Mexico-Canada Agreement (USMCA)
The Budget Implementation Act, 2018, No. 2 brought about several changes to the Patent Act that affect the scope of protection available under Canadian patents, including revision of section 56, concerning rights of prior...more
Earlier this month we published an exhaustive review of the life sciences and regulatory cases in the Canadian courts, and decisions on the merits for the year are summarized in our in our Rx IP Update 2018 Highlights in...more
1/30/2019
/ Appeals ,
Canada ,
Interlocutory Injunctions ,
Irreparable Harm ,
Life Sciences ,
Loss of Goodwill ,
Lost Profits ,
Non-Practicing Entities ,
Obviousness ,
Patent Assertion Entities ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Royalties ,
Patent Validity ,
Pharmaceutical Patents ,
POSITA ,
Prior Art ,
Punitive Damages
2018 served up a smorgasbord of disparate patent law developments in Canada. Most notably, ratification of a new trade agreement negotiated amongst Canada, the United States and Mexico would require introduction of a patent...more
1/24/2019
/ Biologics ,
Budget Implementation Act ,
Canada ,
Claim Construction ,
Data Protection ,
Demand Letter ,
NAFTA ,
New Legislation ,
Patent Act ,
Patent Cooperation Treaty ,
Patent Law Treaty ,
Patent Prosecution ,
Patent Prosecution History ,
Patent Term Extensions ,
Patents ,
Prior Use ,
Priority Patent Claims ,
Standard Essential Patents ,
United States-Mexico-Canada Agreement (USMCA)
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
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
After more than a year of negotiations, Canada reached a new free-trade agreement with Mexico and the United States minutes before the midnight deadline on September 30, 2018....more
10/5/2018
/ Biologics ,
Canada ,
Collective Marks ,
Copyright ,
Copyright Terms ,
Counterfeiting ,
Cross-Border Transactions ,
Damages ,
Data Protection ,
Domain Names ,
Industrial Design ,
Intellectual Property Protection ,
NAFTA ,
Patent Law Treaty ,
Patent Term Adjustment ,
Patents ,
The Copyright Act ,
Trademark Infringement ,
Trademarks ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
The Government of Canada has opened a public consultation on proposed amendments to the Canadian Patent Rules, running from August 1 to September 8, 2017. The changes relate principally to pending amendments to the Patent...more