News & Analysis as of

Canada Patent Applications

Smart & Biggar

Protecting trade secrets and confidential business information in Canada

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Businesses can prevent third parties from misusing their valuable and commercially sensitive business information and trade secrets through contracts and the common law in Canada....more

Smart & Biggar

[Webinar] Cross-border IP strategies for IP owners and litigators - September 18th, 2:00 pm PDT

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Explore skinny labelling & obviousness in Canada and Australia - If you are an intellectual property (IP) owner, a litigator or an in-house legal professional managing IP litigation in multiple jurisdictions, don’t miss...more

Smart & Biggar

[Webinar] Cross-border IP strategies for IP owners and litigators - September 12th, 12:00 pm GMT

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Explore skinny labelling & obviousness in Canada and Australia - If you are an intellectual property (IP) owner, a litigator or an in-house legal professional managing IP litigation in multiple jurisdictions, don’t miss...more

Smart & Biggar

Ghost in the machine: AI and patent protection

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On December 20, 2023, the UK Supreme Court dismissed Dr. Stephen Thaler’s appeal from the Court of Appeal (England and Wales), finding that AI cannot be an inventor because an inventor must be a natural person1. This issue...more

Smart & Biggar

AI-assisted inventions: USPTO’s most recent guidance for determining inventorship

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AI technologies bring several new business opportunities, but they also bring a host of new legal questions, including in intellectual property law. A very important question at the intersection of AI and IP is: how do we...more

Smart & Biggar

Canadian patents: Establishing “due care” after failure to pay a maintenance fee

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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

Smart & Biggar

Canadian patent fees to increase in 2024: The first comprehensive fee hike in 20 years

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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

Blake, Cassels & Graydon LLP

Technologies agricoles : Quatre étapes pour établir une stratégie gagnante en matière de propriété intellectuelle

Dans les domaines en évolution rapide de l’agroalimentaire et des produits alimentaires, l’optimisation de la valeur de la propriété intellectuelle (la « PI ») ne se résume pas à la résolution des problèmes....more

Smart & Biggar

Proposed legislation for patent term adjustment, and the interplay with CSPs

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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

Smart & Biggar

A first look at Canada’s proposed patent term adjustment system

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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

Smart & Biggar

Canadian Patent law 2022: A Year in Review

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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

Bennett Jones LLP

Exponential Increases In Artificial Intelligence Patent Filings

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Artificial intelligence (AI) and machine learning systems are powerful driving forces in the modern era—defining new frontiers for complex and advanced software services and products. With significant innovation in the AI...more

Smart & Biggar

Canada’s new patent claim fee rules: Alternative embodiments within a single claim

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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

Dickinson Wright

Coming to Canadian Patents on October 3, 2022: Excess Claims and Continued Examination Fees

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The Canadian government has now announced that October 3, 2022, is the date on which significant changes to the Canadian Patent Rules, which we had previously reported, will come into force....more

Dickinson Wright

Coming to Canadian Patents on October 3, 2022: Excess Claims and Continued Examination Fees

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The Canadian government has now announced that October 3, 2022, is the date on which significant changes to the Canadian Patent Rules, which we had previously reported, will come into force....more

Smart & Biggar

Canada’s new patent claim fee rules: Alternative embodiments within a single claim

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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

Smart & Biggar

Canada adopts three-step framework for assessing patentable subject matter in Benjamin Moore

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Recently the Federal Court released a decision establishing a new three-step legal framework for assessing patentable subject matter, particularly as it relates to the patentability of computer-implemented inventions, in...more

Goodwin

Canadian Patent Examination Will Soon Be More Expensive, Less Flexible and Require Additional Care in Prosecution to Avoid Loss of...

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Canadian Patent Examination - Significant fee increases will be effective at the Canadian Intellectual Property Office (“CIPO”) on October 3, 2022 related to excess claims (claims over 20) and the number of examination...more

Smart & Biggar

New rules: Request examination of Canadian patent applications before October 3, 2022

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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

Fox Rothschild LLP

Patent Pending in Canada? Do This Now to Avoid Higher Costs Later.

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Canada is considering changes to its Patent Rules that could significantly increase costs to patent applicants whose applications are waiting for review by the Canadian Intellectual Property Office (CIPO). However, in many...more

Dickinson Wright

Proposed Changes to the Canadian Patent Rules

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The Canadian government has provided notice of a number of proposed changes to the Canadian Patent Rules. These particular changes will impact patent Applicants’ costs and may call for different prosecution tactics. ...more

Smart & Biggar

New year, new patent rules for excess claim fees and continued examination in Canada

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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

Sheppard Mullin Richter & Hampton LLP

Benefits and Considerations for Patent Prosecution Under Patent Prosecution Highway in Australia, Canada, South Korea, and Japan

This is the second article of the multi-part series discussing benefits of prosecuting patents under Patent Prosecution Highway or PPH. The first article can be accessed here. To recap, PPH is a set of initiatives promulgated...more

Knobbe Martens

When and Where to File Patent Applications

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Excerpt: "In general, a patent is only valid in the country (or, in some cases, countries) where the patent office that issued it has responsibility. With so many patent offices around the world, how does one decide in which...more

Mintz - Intellectual Property Viewpoints

Obviousness-Type Double Patenting and Divisional Applications in Canada

Obviousness-type double patenting (“OTDP”) arises when two or more patents or applications include claims that, while not being identical, are not patentably distinct from each other. In the U.S., OTDP rejections can be...more

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