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
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
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)
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