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Patents Canada

Smart & Biggar

Canadian Intellectual Property Office “Next Generation Patents” update and status as of April 10, 2025

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On July 17, 2024, the Canadian Intellectual Property Office (CIPO) launched a new electronic system and portal, MyCIPO Patents, as part of its Next Generation Patents initiative. The launch has been fraught with difficulties,...more

Smart & Biggar

SCC to revisit “method of medical treatment” patent claims

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This spring, the Supreme Court of Canada (SCC) will consider the scope of patentable subject-matter as it relates to “methods of medical treatment”. In the underlying action, Janssen asserted that Pharmascience would infringe...more

Smart & Biggar

When patents expire but royalty payments don’t: contrasting U.S. and Canadian approaches to patent licensing

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How does the expiration of the patents in one jurisdiction impact global royalty payments? This question was addressed by the United States Court of Appeal’s Ninth Circuit in C.R. Bard Inc v Atrium Medical Corporation, Case...more

Smart & Biggar

Avoiding a finding of ambiguity and ensuring patent validity: the importance of a comprehensive disclosure and defining coined...

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On June 7, 2024, the Federal Court issued its Judgment and Reasons in Tekna Plasma Systems Inc v AP&C Advanced Powders & Coatings Inc ( 2024 FC 871), finding all claims of the Defendant’s Canadian Patent No 3,003,502 (502...more

Smart & Biggar

Canadian Patent Office resumes granting of patents and is temporarily publishing list of pre-grant patents

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The Canadian Patent Office (CIPO) has advised that as of January 14, 2025, it had granted patents for which final fees were processed in the old system. CIPO has started to process applications where final fees were paid in...more

Procopio, Cory, Hargreaves & Savitch LLP

Nearshoring is Expected to Increase: What are the Patent Challenges for IP Owners?

The new U.S. administration’s interest in tariffs has put the process of nearshoring front and center. What is nearshoring? That’s when goods are sent into the U.S. tariff-free from a country with a free trade agreement and a...more

Blake, Cassels & Graydon LLP

Un jugement clarifie les délais de prescription applicables aux réclamations pour contrefaçon de brevet en Alberta

Le 28 janvier 2025, une rare formation de cinq juges de la Cour d’appel de l’Alberta (l’« ABCA ») a rendu un jugement unanime et très attendu dans l’affaire JL Energy Transportation Inc. v. Alliance Pipeline Limited...more

Smart & Biggar

Avoiding the hindsight trap in the context of a patent obviousness analysis

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While courts have often warned that hindsight bias should be avoided when assessing whether a patented invention would have been obvious to the skilled person, the application of this principle can be challenging in practice....more

Smart & Biggar

Navigating unity of invention and double patenting issues: practical strategies for patent protection in Canada

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Unity of invention and double patenting law and practice in Canada can create challenges for patent applicants. For example, applicants may not expect a unity of invention objection to be raised, requiring claims to be...more

Smart & Biggar

Relief under Canada’s stringent “due care” standard for missed maintenance fees? Federal Court requires CIPO to consider events...

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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

Smart & Biggar

Canadian IP litigation 2024: a year in review

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In 2024, we witnessed several notable developments in Canadian IP litigation. These included the Supreme Court granting leave for an appeal on the patentability of methods of medical treatment, a successful patent invalidity...more

Blake, Cassels & Graydon LLP

Limitations for Patent Infringement Claims: Alberta Law Clarified by Rare Five-Member Appellate Panel

On January 28, 2025, a rare five-member panel of the Alberta Court of Appeal (ABCA) issued its unanimous and much-anticipated decision in JL Energy Transportation Inc. v. Alliance Pipeline Limited Partnership (Decision). The...more

Smart & Biggar

[Webinar] Canadian IP litigation 2024: a year in review - February 12th, 12:00 pm - 1:00 pm ET

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Join us for an insightful session as our presenters Matthew Burt, Daniel Davies and Jean-Sébastien Dupont provide an annual summary of key developments in Canadian IP litigation. This webinar offers a valuable opportunity for...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2024 Design Patents Year in Review: Analysis & Trends - Global Shifts in Design Law and Policy

2024 was a year of both big leaps and incremental advances in design law and practice globally. Years-long efforts came to fruition in the European Union and internationally with the Design Law Treaty, adopting significant...more

Smart & Biggar

[Webinar] Canadian patent law 2024: a year in review - February 11th, 12:00 pm - 1:00 pm ET

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2024 was an active year in Canadian patent law. Canadian courts issued several decisions on the merits regarding invalidity and/or infringement, and considered due care in the context of paying maintenance fees, regulatory...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

AI IP Year in Review - AI Inventorship: Navigating Patent Rights Around the Globe

The USPTO released proposed guidelines addressing the complex issue of AI inventorship. The USPTO is not the only agency attempting to tackle this issue; jurisdictions across the globe have been grappling with whether...more

Smart & Biggar

Canadian patent law 2024: a year in review

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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

Bennett Jones LLP

Competition Tribunal Issues First-of-Its-Kind Decision in Private Abuse of Dominance Case Against Major Pharma Manufacturer

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On December 17, 2024, the Competition Tribunal (the Tribunal) issued reasons for its decision to dismiss an application for leave to bring a private abuse of dominance action against a major pharmaceutical manufacturer. JAMP...more

Smart & Biggar

A practical guide to Canada’s new Patent Term Adjustment (PTA) system

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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

Mintz - Tax Viewpoints

Canada’s Fall Economic Statement: A Silver Lining for Innovators Amidst the Chaos

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On a day where the only thing Canadians could talk about was the resignation of the then finance minister on the date of the delivery of the government’s 2024 Fall Economic Statement (FES 2024) and the chaos that ensued, some...more

Smart & Biggar

Federal Court finds patent ineligible for listing against SNDS

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In Bayer Inc v Amgen Canada Inc, 2024 FC 1849, the Court granted a motion brought by Amgen for a declaration that Canadian Patent No. 3,007,276 (276 patent) was ineligible for inclusion on the Patent Register and that the...more

Smart & Biggar

FCA sets aside PMPRB’s order that Galderma’s patent claiming 0.3% adapalene “pertained to” 0.1% adapalene DIFFERIN

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On December 3, 2024, the Federal Court of Appeal (FCA) set aside the order of the Patented Medicine Prices Review Board (PMPRB or Board) that had required Galderma to continue to provide information to the PMPRB in relation...more

Smart & Biggar

Canadian Patent Office launches new portal and new database, causing prosecution delays and intermittent access

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On July 17, the Canadian Patent Office launched MyCIPO Patents. The highly anticipated new database and filing system allows for immediate application number confirmation when filing online, confirmation of electronic...more

Smart & Biggar

Supporting Canada’s green transition: the untapped potential of CIPO’s Green Technologies Program

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Since at least 2009, Canada has consistently ranked among the top ten countries for patent filings related to climate change mitigation and adaptation technologies. This is no surprise given Canada’s patent friendly courts...more

Procopio, Cory, Hargreaves & Savitch LLP

Patent Considerations in View of the Nearshoring Trends to the Americas

What key patent considerations should one be aware of in view of trends toward nearshoring in the Americas? Learn that and more in this podcast with Procopio Patent Prosecution Partner Ernest Huang joined by two other...more

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