Introduction Artificial intelligence is reshaping industries at an unprecedented pace, and intellectual property is no exception. From generating patent drafts to summarizing complex legal concepts, AI tools promise speed and efficiency. But here’s the truth: while AI can provide answers, it cannot replace judgment. In a world where technology accelerates information,...
Decision: Comité Interprofessionnel du Vin de Champagne & Institut National De L’origine Et De La Qualité v. Coors Brewing Company, 2026 FCA 2 (Jan. 9, 2026) Court: Federal Court of Appeal (Canada) Overview On January 9, 2026, the Federal Court of Appeal (“FCA”) ruled that section 45 of the Trademarks Act does not impose a fixed rule requiring a trademark owner to justify...
Introduction When it comes to trademark disputes in the pharmaceutical industry, the question of who counts as the relevant consumer can make or break a case. A recent decision of the Federal Court of Appeal in Samsung Bioepis Co., Ltd. v. Novartis AG (2025 FCA 212) sheds light on this issue....
When you build a brand, protecting it with a trademark is essential. But what happens when someone else registers your brand name before you do? A recent Federal Court decision in FXSWEDE AB v. Gengbin Xu (2025 FC 1864) sheds light on this issue. The case highlights how Canadian law...
In a noteable decision released on November 14, 2025, the Federal Court of Canada addressed and applied for the first time in a decision the doctrine of common design in the context of patent infringement. The case, Adeia Guides Inc. v Videotron Ltd., 2025 FC 1725, offers valuable insights for...
In a recent Federal Court ruling, Barry Dusome and Wyatt Dusome v Attorney General of Canada, Justice Allyson Whyte Nowak set aside a decision by the Commissioner of Patents that had rejected a long-pending patent application for a new poker-style card game. The case is notable not just for its...
Understanding Double Patenting and Divisional Patents If you're an inventor, entrepreneur, or business owner filing patents in Canada, you may have heard of double patenting. Double patenting is legal rule that prevents you from getting more than one patent for the same invention. This rule is especially important when filing divisional...
Understanding how patent claims are interpreted can make or break your intellectual property rights. A recent decision by the Federal Court of Appeal in NCS Multistage Inc. v. Kobold Corporation (2025 FCA 187) offers valuable lessons for inventors and businesses looking to protect their innovations through patents. In this post, we’ll...
When is an invention truly protected—and when can that protection be challenged? These questions lie at the heart of Canadian patent law, and a recent Ontario Superior Court decision, Zacon Limited v. Provincial Doors Inc., 2025 ONSC2954 offers a clear and practical answer. In this post, we’ll explore the difference between patentability...
On September 5, 2025, the Federal Court of Appeal ruled in Canada (Attorney General) v. Matco Tools Corporation, 2025 FCA 156, reaffirming a strict “due care” standard for reinstating abandoned Canadian patents. This decision overturns a more flexible test from the Federal Court and highlights the high level of care...
