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.
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...
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...
Canada’s New Patent Term Adjustment (PTA) Framework: What You Need to Know
Starting January 1, 2025, Canada will implement a Patent Term Adjustment (PTA) system. This change compensates for unreasonable delays in patent issuance, fulfilling obligations under the Canada–United States–Mexico Agreement (CUSMA). PTA extends the standard 20-year patent term, ensuring inventors can fully benefit from their patents. Who Is Eligible for PTA? To qualify,...
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...
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...
Important Update: We’ve Moved to a New Location!
We are pleased to share some exciting news with our valued clients and partners. As of June 3rd, we have relocated to a new office just down the street from our previous location. Our new address is: 11301-5045 Orbitor Drive, Mississauga, ON L4W 4Y4 Canada What Does This Mean for You? ...
Canada’s Path to Patent Term Adjustment: A Step Forward for Innovators?
On May 18th, 2024, the proposed regulations to enact the patent term adjustment (PTA) system were published for commentary. Understanding Patent Term Adjustment (PTA) The PTA system is a regulatory mechanism designed to compensate patent holders for delays in the patent granting process. When a patent’s issuance is delayed beyond a reasonable...
A Shift in Industrial Design Fees
In 2024, the Canadian Intellectual Property Office (CIPO) implemented a significant change to the fee structure for Industrial Design applications. Along with this fee increase, there has also been a change associated with additional visual representations in an application, marking a departure from the previous page-based fee structure. This article...
Important Update on Patent Maintenance Fees
The Canadian Intellectual Property Office (CIPO) has recently addressed a significant error. This error concerns the second, third and fourth year maintenance fees paid by small entity patent holders. Initially, the fees listed for the second to fourth anniversaries for small entities were listed as $50 and were not in...
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