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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 authority. The FCA remitted the patent applications at issue to the Commissioner of Patents (CP) for redetermination of patentability to be carried out on an expedited basis, in light of...

August 14, 2023

By MediaDecisions, News, Patents

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 of Energizer's trademarks in their advertising depreciated the value of these trademarks. The Heart of the Matter Specifically, Duracell's battery packages had affixed labels that bore phrases that caught Energizer's attention. Duracell...

August 9, 2023

By MediaNews

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 of the definition of 'small entity'. Most of the amendments will come into force on January 1, 2024. CIPO's Fee Schedule The major change is that the Canadian Intellectual Property Office (CIPO)...

June 13, 2023

By MediaIndustrial Designs, News, Patents, Trademarks

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 patent if certain criteria are met. As per the provisions of the new patent term extension, the Commissioner of Patents will grant an additional term for a patent if the patent...

May 1, 2023

By MediaPatents

Pros and Cons for Making a Trademark Search Prior to Filing a Trademark Application

Conducting a trademark search prior to filing a trademark application can be beneficial but it is important to weight out the pros and the cons. You can read about the pros & con for making a trademark search prior to filing a trademark application by clicking here to go to our knowledge center.

January 25, 2023

By MediaNews, Trademarks

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 mere abstract theorem. The Commissioner erred by applying the wrong test for claim construction and patentable subject matter. She did not use the purposive construction approach to determine whether the actual...

July 29, 2022

By MediaNews, Patents

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 Canada Gazette, Part 1, Vol. 155, NO. 27: Rules Amending the Patent Rules.) A Part II publication of the Patent Rule amendments in the Canadian Gazette is expected in about 6 months bringing...

July 27, 2021

By MediaNews

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 low average grade for Drafting (paper A) and Infringement Opinion (paper D). Being a patent agent is challenging in Canada; becoming one is even more! Canadian Pass Rate Statistics China Pass Rate...

July 10, 2020

By MediaNews

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

July 9, 2020

By MediaNews

COVID 19 Update

COVID 19 Update 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 deadlines falling within this period be continued to be met, where possible, so as to maintain as normal...

July 6, 2020

By MediaNews, Patents, Trademarks

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Federal Court of Appeal Overturns Federal Court’s Test for Patentable Subject Matter of Computer-Implemented Inventions

2023 FC 804: Energizer Brands, LLC v. Gillette Company

Important Updates on Canadian Intellectual Property Regulations

Canadian Patent Term Extension: A First Overview

Pros and Cons for Making a Trademark Search Prior to Filing a Trademark Application

2022 FC 923: Benjamin Moore and Co. v. Attorney General of Canada

Amendments to the Canadian Patent Rules to introduce Excess Claims Fees and Requests for Continued Prosecution (RCEs).

Being a patent agent is challenging, becoming one is even more!

Tackle the pandemic together with CIPO

COVID 19 Update