ARTICLES
Explore articles covering Patents, Trademarks, and Designs, including news, insights, and practical information. Use the topic tabs below to explore each area of intellectual property. All content is for educational purposes only and does not constitute legal advice.
When an Inventor Represents Himself in Court: Justice Whyte Nowak’s Decision in Dusome v Canada
In a recent Federal Court ruling, Barry Dusome and Wyatt Dusome v Attorney General of Canada, Justice Allyson Whyte Nowak set aside a decision by the Commissioner of Patents that had rejected a long-pending patent application for a new poker-style card game. The case is notable not just for its...
Double Patenting in Canada: What Inventors Should Know from the NCS v. Kobold Case
Understanding Double Patenting and Divisional Patents If you're an inventor, entrepreneur, or business owner filing patents in Canada, you may have heard of double patenting. Double patenting is legal rule that prevents you from getting more than one patent for the same invention. This rule is especially important when filing divisional...
What Inventors Can Learn About Patent Claim Construction from the NCS v. Kobold Case
Understanding how patent claims are interpreted can make or break your intellectual property rights. A recent decision by the Federal Court of Appeal in NCS Multistage Inc. v. Kobold Corporation (2025 FCA 187) offers valuable lessons for inventors and businesses looking to protect their innovations through patents. In this post, we’ll...
Patentability vs. Validity: What’s the Difference in Canadian Patent Law?
When is an invention truly protected—and when can that protection be challenged? These questions lie at the heart of Canadian patent law, and a recent Ontario Superior Court decision, Zacon Limited v. Provincial Doors Inc., 2025 ONSC2954 offers a clear and practical answer. In this post, we’ll explore the difference between patentability...
Federal Court of Appeal Confirms Strict “Due Care” Standard for Patent Reinstatement
On September 5, 2025, the Federal Court of Appeal ruled in Canada (Attorney General) v. Matco Tools Corporation, 2025 FCA 156, reaffirming a strict “due care” standard for reinstating abandoned Canadian patents. This decision overturns a more flexible test from the Federal Court and highlights the high level of care...
Divisional Patent Applications in Canada: What Inventors Need to Know
If you're filing a patent application in Canada and your invention includes more than one innovative idea, you may need to split your application. This is where divisional patent applications come in. In this guide, we explain what divisionals are, why they matter, and how to use them wisely—especially under...
What Makes a Trademark Strong? A Practical Guide for Canadian Entrepreneurs
If you're building a brand in Canada, choosing the right trademark is one of the most important decisions you’ll make. A strong trademark doesn’t just help customers remember you—it protects your business legally and gives you the exclusive rights to grow with confidence. In this guide, we’ll walk you through five...
CIPO Trademark Amendments Now in Force
Amendments to Canada’s Trademarks Act and Regulations took effect April 1, 2025. These changes are part of the Government of Canada’s Intellectual Property Strategy. They give the Registrar of Trademarks new powers and improve trademark procedures. Main Changes at a Glance Here are the key updates that took effect today: New authority...
Canadian Patent Office IT Problems Remain Unresolved
The Canadian Intellectual Property Office (CIPO) is facing ongoing challenges with its new IT system. Their new system, MyCIPO Patents, was introduced to streamline the patent application process. Our firm is closely monitoring the situation to ensure our clients’ patent rights remain protected despite these delays. Understanding the Current Challenges The MyCIPO...
UNITY OF INVENTION AND DIVISIONAL APPLICATIONS IN CANADA
In the United States, a patent application may be filed based on an earlier filed “parent” application. Such applications include divisional applications and continuation applications. Continuation application and divisional applications have the same specification as the parent application but normally have different claims. Continuation-in-part (CIP) applications are also available in...
Double Patenting in Canada: What Inventors Should Know from the NCS v. Kobold Case
Understanding Double Patenting and Divisional Patents If you're an inventor, entrepreneur, or business owner filing patents in Canada, you may have heard of double patenting. Double patenting is legal rule that prevents you from getting more than one patent for the same invention. This rule is especially important when filing divisional...
What Inventors Can Learn About Patent Claim Construction from the NCS v. Kobold Case
Understanding how patent claims are interpreted can make or break your intellectual property rights. A recent decision by the Federal Court of Appeal in NCS Multistage Inc. v. Kobold Corporation (2025 FCA 187) offers valuable lessons for inventors and businesses looking to protect their innovations through patents. In this post, we’ll...
Federal Court of Appeal Confirms Strict “Due Care” Standard for Patent Reinstatement
On September 5, 2025, the Federal Court of Appeal ruled in Canada (Attorney General) v. Matco Tools Corporation, 2025 FCA 156, reaffirming a strict “due care” standard for reinstating abandoned Canadian patents. This decision overturns a more flexible test from the Federal Court and highlights the high level of care...
CIPO Trademark Amendments Now in Force
Amendments to Canada’s Trademarks Act and Regulations took effect April 1, 2025. These changes are part of the Government of Canada’s Intellectual Property Strategy. They give the Registrar of Trademarks new powers and improve trademark procedures. Main Changes at a Glance Here are the key updates that took effect today: New authority...
Canadian Patent Office IT Problems Remain Unresolved
The Canadian Intellectual Property Office (CIPO) is facing ongoing challenges with its new IT system. Their new system, MyCIPO Patents, was introduced to streamline the patent application process. Our firm is closely monitoring the situation to ensure our clients’ patent rights remain protected despite these delays. Understanding the Current Challenges The MyCIPO...
CIPO Targets Inactive Trademarks with New Pilot Project
The Canadian Intellectual Property Office’s Trademarks Opposition Board has launched a new pilot project. This initiative aims to clean up the Register of Trademarks by removing inactive trademarks. Project Overview Starting January 2025, the Registrar will issue monthly section 45 notices on randomly selected registrations. These notices will target trademarks registered for...
Delays with the Canadian Patent Office Processing Correspondence
November 1, 2024 - The delays in correspondence continue. For more information please see the Intellectual Property Institute of Canada’s latest update: click here. _________ October 10, 2024 - The Canadian patent industry is experiencing delays with...
Beware of Patent and Trademark Scams
It has come to our attention that there has been a recent uptake in scams targeting patent and trademark owners. Scammers are crafting fake notices to trick people into paying for unnecessary patent and trademark services. Protect your intellectual property by staying alert. How to Spot a Scam First of all, watch...
A New Era for Industrial Design: Buildings and Structures Now Recognized as Finished Articles
The Canadian Intellectual Property Office (CIPO) recently announced a shift in its practice regarding industrial designs applied to buildings or structures. This change promises notable implications for the field of industrial design. Previous Stance Previously, the Industrial Design Office (the Office) did not allow registration of designs applied to buildings or structures. The...
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