IP Law Update | Image of several buildings

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...

IP Law Update: More Time

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...

IP Update: Image of industrial design schemas

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...

IP Decisions: Arc'teryx vs Adidas

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...

Ip Update: Patent Box

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...

IP Decisions: Canada (Attorney General) v. Benjamin Moore & Co. (2023 CAF 168)

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...