COVID-19 Update: CIPO, Federal Courts, Health Canada

Smart & Biggar

In view of COVID-19, as of March 31, 2020:

  • Patent, trademark and industrial design deadlines that fall due between March 16 - April 30 are extended until May 1 (see here and FAQs regarding the initial extension);
  • the Patent Act was amended on March 25 to expand the powers of the Commissioner of Patents to authorize use of patented inventions in specified circumstances to respond to public health emergencies (see our article here);
  • the Federal Court of Canada (see March 17 Practice Direction and Order and FAQs) and the Federal Court of Appeal (see March 16 and March 19 notices) have adjourned most hearings and suspended many deadlines until April 17.  Deadlines affecting intellectual property matters governed by statutes and regulations (other than the Federal Courts Act and the Federal Courts Rules), including statutory stays under the Patented Medicines (Notice of Compliance) Regulations, have not been extended by these notices; 
  • the Food and Drugs Act was amended on March 25 to provide regulation-making power: (i) requiring the provision of information to the Minister of Health and (ii) considered necessary “for the purpose of preventing shortages of therapeutic products in Canada or alleviating those shortages or their effects, in order to protect human health” (see our article here); and
  • Health Canada has taken a number of steps to facilitate availability of COVID-19 health products (see our article here).

We will update this article on our website as matters evolve.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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