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 mere abstract theorem. The Commissioner erred by applying the wrong test... Read More
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 Canada Gazette, Part 1, Vol. 155, NO. 27: Rules Amending the Patent... Read 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 low average grade for Drafting (paper A) and Infringement Opinion (paper D). Being a patent agent is challenging in Canada;... Read More
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 Read More
In view of COVID 19, the Canadian Intellectual Property Office [Patent Office, Trademark Office, & Industrial Design Office] has again extended due dates until July 20th, 2020 for all matters before CIPO that have a deadline to take action for the period beginning March 16, 2020 and currently ending July 17, 2020. However, like CIPO, we are recommending that all... Read More
CUSMA, the Canadian, United States and Mexico Agreement (NFTA-2) comes into force tomorrow, July 1st, 2020! Many IP obligations under CUSMA have been ratified through the new Patent Act, Industrial Design Act and Trademarks Act. More changes that will be made through legislative amendments are, for instance: “collective marks” protection Patent term adjustment due to unreasonable delay in the issuance of a patent Increase in copyright protection Strengthened the... Read More
In view of COVID 19, the Canadian Intellectual Property Office [Patent Office, Trademark Office, & Industrial Design Office] is extending due dates until May 1, 2020 for all matters before CIPO that have a deadline to take action for the period beginning March 16, 2020 and currently ending April 30, 2020. However, like CIPO, we are recommending that all deadlines... Read More
The new Patent Rules were recently published and the long awaited amendments to the Canadian Patent Act are scheduled to come into force on October 30, 2019. These changes to the Patent Rules and Patent Act will substantially alter Canadian practice. A few of these changes include but are not limited to: For new filings, an English or French translation is no... Read More
In accordance with new Canadian trademark laws, today the Canadian Intellectual Property Office (CIPO) announced that the Madrid Protocol, the Singapore Treaty and the Nice Agreement have now come into force for Canada. These changes give Canadian businesses access to the a centralized trademark filing systems enabling them to apply for a trademark in up to 120 countries with only one application. The following resources guide has... Read More
The new Trademarks Act in Canada comes into effect in 2 weeks, on June 17, 2019. Please see our post of February 22 for an outline of some of the changes. As a reminder, in regards to fees, it is important to note that there will be a separate fee charged per class ($330 government fee for the first class and then $100 for each... Read More
