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Click on the Subject Matter bullet links below to access our Knowledge Library of Patents, Trademarks and Designs. This information is for educational purposes only and is not intended to be used as legal advice.
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Trademark Confusion in Healthcare: Why Patients Matter in the Analysis
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....
Bad Faith Trademark Filings: Lessons from the Tress Wellness Case
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...
Common Design and Patent Infringement: Lessons from Adeia v Videotron
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...
When an Inventor Represents Himself in Court: Justice Whyte Nowak’s Decision in Dusome v Canada
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...
Double Patenting in Canada: What Inventors Should Know from the NCS v. Kobold Case
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...
What Inventors Can Learn About Patent Claim Construction from the NCS v. Kobold Case
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...
Patentability vs. Validity: What’s the Difference in Canadian Patent Law?
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...
Federal Court of Appeal Confirms Strict “Due Care” Standard for Patent Reinstatement
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...
Divisional Patent Applications in Canada: What Inventors Need to Know
If you're filing a patent application in Canada and your invention includes more than one innovative idea, you may need to split your application. This is where divisional patent applications come in. In this guide, we explain what divisionals are, why they matter, and how to use them wisely—especially under...
Patentability vs. Validity: What’s the Difference in Canadian Patent Law?
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 and validity, why it matters to inventors and businesses, and how the court clarified the roles of the Patent Office and the judiciary in determining the strength of a patent. What Is Patentability? Patentability refers to whether an invention meets the legal requirements to be granted a patent in the first place....
Divisional Patent Applications in Canada: What Inventors Need to Know
If you're filing a patent application in Canada and your invention includes more than one innovative idea, you may need to split your application. This is where divisional patent applications come in. In this guide, we explain what divisionals are, why they matter, and how to use them wisely—especially under Canada’s examination system. What Is a Divisional Patent Application? A divisional patent application is a new application that’s carved out from an earlier one (called the “parent”). It’s used when your original patent application describes more than one invention. Each divisional is treated as a separate application, but it keeps the same...
Canada’s New Patent Term Adjustment (PTA) Framework: What You Need to Know
Starting January 1, 2025, Canada will implement a Patent Term Adjustment (PTA) system. This change compensates for unreasonable delays in patent issuance, fulfilling obligations under the Canada–United States–Mexico Agreement (CUSMA). PTA extends the standard 20-year patent term, ensuring inventors can fully benefit from their patents. Who Is Eligible for PTA? To qualify, patents must meet these criteria: Filing Date: Applications filed on or after December 1, 2020. Grant Date: Issued after the later of: Five years from the national entry, filing, or divisional presentation date. Three years from the examination request date. Patent holders must request PTA from the Canadian Intellectual Property Office...
Frequently Asked Patent Questions and Answers
The following are frequently asked patent questions and answers. These questions and answers are provided for information purposes only and do not constitute legal patent advice. What is a patent? A patent is a legal monopoly granted by the government to inventors for a certain period of time, in exchange for publicly disclosing the details of their invention. How long does a patent last? The length of time a patent lasts depends on the type of patent and when it was filed. Utility patents typically last for 20 years, or more, from the date of filing, while design patents last from 10 to 15...
Should You Do a Patent Search Before Filing? Pros, Cons, and When It Makes Sense
What Is a Patent Search? A patent search means looking for existing patents that might affect your invention. This includes: Patents and applications in official databases (like the U.S. Patent Office or European Patent Office) Two Common Types of Searches Novelty Search (Patentability Search): Checks if your invention is new and non‑obvious—two key requirements for getting a patent. Freedom to Operate (FTO) Search: Looks for active patents you might infringe if you make or sell your product. Pros of Doing a Search Before Filing Spot Existing Ideas Early Helps you see if your invention is truly new. Write a Stronger Application Knowing what’s out there lets you focus on what makes your invention...
Pros and Cons For Filing a US Provisional Patent Application
Pros for filing US provisional patent application: Low cost: Provisional patent applications are generally less expensive to prepare and file than non-provisional patent applications. Quicker filing: If time is a factor to file a patent application, Provisional patent applications can be filed faster than non-provisional patent applications, as they require less information and have fewer formal requirements. Establishing an early effective filing date: A provisional patent application can establish an early effective filing date for the invention, which can be important in certain situations where there is a need for a public disclosure of the invention and some form of...
What is a Virtual In-House Corporate Patent or Trademark Agent?
A business corporation may not have the resources to hire in-house one or more corporate patent or trademark agents to meet their patent needs, but may still require the cost effective value that an in-house patent/trademark agent brings to a business' strategic plan. In such instances a virtual in-house corporate agent can be contracted to perform this role, or to support one or more existing in-house patent and/or trademark agents as a member of the in-house team. This is a winning solution where the business obtains the value added associated with an in-house agent without having the costs of creating...
UNITY OF INVENTION AND DIVISIONAL APPLICATIONS IN CANADA
In the United States, a patent application may be filed based on an earlier filed “parent” application. Such applications include divisional applications and continuation applications. Continuation application and divisional applications have the same specification as the parent application but normally have different claims. Continuation-in-part (CIP) applications are also available in the United States. However, CIPs include subject matter not originally disclosed in the parent application. Of these types of applications available in the United States, only divisional applications are available in Canada. Unity of invention and divisional applications are governed by section 36 of the Patent Act. According to paragraph 36(1)...
What Makes a Trademark Strong? A Practical Guide for Canadian Entrepreneurs
If you're building a brand in Canada, choosing the right trademark is one of the most important decisions you’ll make. A strong trademark doesn’t just help customers remember you—it protects your business legally and gives you the exclusive rights to grow with confidence. In this guide, we’ll walk you through five...
Frequently Asked Trademark Questions & Answers
The following are frequently asked trademark questions and answers. These questions and answers are provided for information purposes only and do not constitute legal trademark advice. What is a trademark? A trademark is a symbol, word, scent, sound or phrase that is used to identify and distinguish the goods or services of...
What is a Virtual In-House Corporate Patent or Trademark Agent?
A business corporation may not have the resources to hire in-house one or more corporate patent or trademark agents to meet their patent needs, but may still require the cost effective value that an in-house patent/trademark agent brings to a business' strategic plan. In such instances a virtual in-house corporate...
Bill C-31 as it relates to the Trademarks Act
The Good... The Bad... and The Ugly The Good... While there are several good amendments made by the Bill to the Trademarks Act, one significant positive change is the broader definition given to a trademark. The amended definition of a trademark is for a sign or combination of signs which include a...
Supreme Court Canada – TradeMarks – Geographical Use
One of the issues considered in the Canadian Supreme Court's decision on Masterpiece Inc. v. Alavida Lifestyles Inc., 2011 SCC 27, [2011] 2 S.C.R. 387 related to the non-overlapping geographical uses of the trade-marks in dispute. Both Masterpiece Inc. (Masterpiece) and Alavida Lifestyles Inc. (Alavida) were operators of retirement residences in...
Canadian Industrial Designs Update: Alignment with the Hague System
As of today, November 5, 2018, the changes the Industrial Design Act and Rules have come into force bringing the Industrial Design Act and Rules into alignment with the Hague System. The Hague System enables design patents to be filed and managed in multiple countries via one application. Some key...
What is a Virtual In-House Corporate Patent or Trademark Agent?
A business corporation may not have the resources to hire in-house one or more corporate patent or trademark agents to meet their patent needs, but may still require the cost effective value that an in-house patent/trademark agent brings to a business' strategic plan. In such instances a virtual in-house corporate...
Trademark Confusion in Healthcare: Why Patients Matter in the Analysis
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....
Bad Faith Trademark Filings: Lessons from the Tress Wellness Case
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...
Common Design and Patent Infringement: Lessons from Adeia v Videotron
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...
When an Inventor Represents Himself in Court: Justice Whyte Nowak’s Decision in Dusome v Canada
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...
Double Patenting in Canada: What Inventors Should Know from the NCS v. Kobold Case
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...
What Inventors Can Learn About Patent Claim Construction from the NCS v. Kobold Case
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...
Federal Court of Appeal Confirms Strict “Due Care” Standard for Patent Reinstatement
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...
CIPO Trademark Amendments Now in Force
Amendments to Canada’s Trademarks Act and Regulations took effect April 1, 2025. These changes are part of the Government of Canada’s Intellectual Property Strategy. They give the Registrar of Trademarks new powers and improve trademark procedures. Main Changes at a Glance Here are the key updates that took effect today: New authority...
Canadian Patent Office IT Problems Remain Unresolved
The Canadian Intellectual Property Office (CIPO) is facing ongoing challenges with its new IT system. Their new system, MyCIPO Patents, was introduced to streamline the patent application process. Our firm is closely monitoring the situation to ensure our clients’ patent rights remain protected despite these delays. Understanding the Current Challenges The MyCIPO...