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.
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...
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...
2022 FC 923: Benjamin Moore and Co. v. Attorney General of Canada
Benjamin Moore & Co. appealed the decisions made by the Commissioner of Patents on CA 2,695,130 & CA 2,695,146 that the claims for these applications do not comprise patentable subject matter, under section 2 of the Patent Act, as the Commissioner determined the essential elements of each invention constituted a...
Excess Claims Fees and Requests for Continued Prosecution Coming into Force October 3, 2022
Amendments to the Canadian Patent Rules to Introduce Excess Claim Fees and Request for Continued Examination (RCEs) Coming into Force October 3, 2022 Amendments to the Canadian Patent Rules were registered on June 2, 2022. Amendments relating to sequence listings come into force on July 1, 2022 while all other rule...
Amendments to the Canadian Patent Rules to introduce Excess Claims Fees and Requests for Continued Prosecution (RCEs).
Patent Rule amendments were published July 3, 2021 in the Canada Gazette to streamline the patent examination process allowing Canada to implement the patent term adjustment obligation set out in the Canada-United States-Mexico Agreement (CUSMA). (For more information and a detailed list of the changes please see the
Being a patent agent is challenging, becoming one is even more!
Being a patent agent is challenging, becoming one is even more! One of our Patent Agents, Peng Li, has compiled statistics regarding the pass rate for the patent agent exams in Canada, China and the U.S.A. Undoubtedly, the Canadian patent agent Examination is the most brutal one. There is a surprisingly...
Tackle the pandemic together with CIPO
Tackle the pandemic together with CIPO In addition to the existing options to expedite examination of patent applications, CIPO just announced a pilot process allowing accelerated examination of patent applications related to COVID-19 under certain conditions. For more information visit: http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr04811.html Published by Mr. Peng Li – Registered Canadian Patent Agent
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