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
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
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 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
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
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