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.
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...
Battle of the Brands: A Trademark Showdown in the Sports Industry
In the world of trademarks, a recent case has caught the attention of many. This case involves two major players in the sports industry, Amer Sports Canada Inc. and Adidas Canada Limited. As a Canadian trademark agent, I find this case particularly interesting due to its implications for trademark owners...
Update on Canada’s Patent Box Regime: What to Expect in 2025
The Canadian government is moving forward with plans to introduce a patent box regime, a tax incentive aimed at encouraging businesses to develop and commercialize intellectual property (IP) within Canada. In early 2024, public consultations were held to gather input from businesses, innovators, and stakeholders. The government is now reviewing...
Federal Court Upholds Expungement of AVIREX Trademark for Non-Use
If you are a fan of the classic movie Top Gun, you may be familiar with the AVIREX brand of leather jackets worn by Tom Cruise and other actors. But did you know that the AVIREX trademark was recently expunged in Canada for non-use? Background of the Expungement Case In a recent...
Enhancing Canadian Innovation: Introducing the Patent Box Regime
In an exciting development for the Canadian innovation landscape, the federal government has announced its intention to explore the implementation of a patent box regime. This strategic move is designed to foster the creation, commercialization, and retention of intellectual property (IP) within Canada. Understanding the Patent Box Regime A patent box regime...
Battle of the Brands: A Trademark Showdown in the Sports Industry
In the world of trademarks, a recent case has caught the attention of many. This case involves two major players in the sports industry, Amer Sports Canada Inc. and Adidas Canada Limited. As a Canadian trademark agent, I find this case particularly interesting due to its implications for trademark owners...
Update on Canada’s Patent Box Regime: What to Expect in 2025
The Canadian government is moving forward with plans to introduce a patent box regime, a tax incentive aimed at encouraging businesses to develop and commercialize intellectual property (IP) within Canada. In early 2024, public consultations were held to gather input from businesses, innovators, and stakeholders. The government is now reviewing...
Federal Court Upholds Expungement of AVIREX Trademark for Non-Use
If you are a fan of the classic movie Top Gun, you may be familiar with the AVIREX brand of leather jackets worn by Tom Cruise and other actors. But did you know that the AVIREX trademark was recently expunged in Canada for non-use? Background of the Expungement Case In a recent...
Enhancing Canadian Innovation: Introducing the Patent Box Regime
In an exciting development for the Canadian innovation landscape, the federal government has announced its intention to explore the implementation of a patent box regime. This strategic move is designed to foster the creation, commercialization, and retention of intellectual property (IP) within Canada. Understanding the Patent Box Regime A patent box regime...
Upcoming Changes to Extension Periods in Trademark Opposition and Section 45 Proceedings in Canada
Effective December 1, 2023, significant changes are coming to the Canadian Trademark Opposition Board's handling of opposition and Section 45 non-use cancellation proceedings. These changes aim to streamline the process and reduce the overall time taken for resolutions. Here’s what you need to know: Reduced Extension Times From December 1, 2023,...
Federal Court of Appeal Overturns Federal Court’s Test for Patentable Subject Matter of Computer-Implemented Inventions
In a recent Canadian decision, the Federal Court of Appeal (FCA) rejected the Federal Court’s (FC) attempt to provide a general test for determining the patentable subject matter of computer-implemented inventions. Specifically, the FCA found that the FC erred in imposing a test that was not based on any binding...
2023 FC 804: Energizer Brands, LLC v. Gillette Company
On July 6, 2023, the Federal Court of Canada announced its decision in a trademark dispute between Energizer Brands and the Gillette Company in a case about comparative advertising. In particular, this dispute involved Energizer and Duracell, the two leading battery brands in Canada. Moreover, Energizer asserted that Duracell's use...
Important Updates on Canadian Intellectual Property Regulations
This is to advise of some significant changes to the Canadian Intellectual Property regulations. These regulations pertain to the Patent Rules, Trademark Regulations, Industrial Design Regulations, and Copyright Regulations. Amendments to these Rules were registered on June 1st. They incorporate government fee increases of approximately 25%, as well as an expansion...
Canadian Patent Term Extension: A First Overview
The patent landscape in Canada is expected to undergo significant changes in the near future with the introduction of a new patent term extension provision. The new provision, which is set to come into effect on January 1, 2025 or by order in council, will grant additional term for a...
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