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Excess Claims Fees and Requests for Continued Prosecution Coming into Force October 3, 2022
Amendments to the Canadian Patent Rules to Introduce Excess Claim Fees and Request for Continued Examination (RCEs) Coming into Force October 3, 2022 Amendments to the Canadian Patent Rules were registered on June 2, 2022. Amendments relating to sequence listings come into force on July 1, 2022 while all other rule...
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...
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
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...
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
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...
CUSMA (NFTA-2) comes into force July 1st 2020!
CUSMA (NFTA-2) comes into force July 1st 2020! 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”...
COVID 19 Update
COVID 19 Update 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...
Canadian Patent Blog: New Patent Rules
Canadian Patent Blog: New Patent Rules 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...
Federal Court of Appeal Confirms Flexibility in Section 45 Non‑Use Proceedings
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...
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...