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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

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

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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

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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

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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 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

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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

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

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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

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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

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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

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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

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