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
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
1/24/2025
/ Canada ,
Claim Construction ,
Indefiniteness ,
Intellectual Property Protection ,
Patent Applications ,
Patent Infringement ,
Patent Litigation ,
Patent Term Adjustment ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical 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
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
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
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
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
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
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
Consider requesting examination of your Canadian patent applications now to avoid potential fees - Last summer, the Government of Canada issued draft regulations introducing claim fees and a continued examination scheme for...more
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
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
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
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
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