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
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 changed on October 3, 2022, and the present article discusses strategies for...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
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
The extensive amendments to the Patent Act and Patent Rules that came into force on October 30, 2019 have complicated the practice for responding to an Office Action (i.e. an “Examiner’s Report”) issued by the Canadian Patent...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
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)
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
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
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
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 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
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