KNOWLEDGE CENTER
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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Canadian Industrial Design Updates
On June 28th the Canadian government published the new Industrial Design Regulations which are expected to come into force on November 5, 2018. These new regulations are to help modernize the industrial design process and bring it into agreement with the Hague Agreement. ~Friday, June 29, 2018~ • • • • • • • • • • The Canadian...
Startups and Corporations Don’t Fail To Plan; Plan To Use Craig Wilson and Company
Businesses invest substantial resources in planning. Whether such planning is the development of an initial business plan for a startup organization or a scope of work for the next big project in a mature business, planning is key to success. However, when it comes to intellectual property (IP) and...
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...
Canadian Patent Updates
Canadian Patent Updates Monday, April 30, 2018 On April 26th, the Government of Canada released their Intellectual Property (IP) Strategy which aims to: increase IP awareness, namely among Canadian businesses, entrepreneurs and innovators and also amongst the indigenous community; provide tools to support Canadian businesses in learning about and acquiring IP; and,...
Canadian Trademark Updates
On April 26th, the Government of Canada released their Intellectual Property (IP) Strategy which aims to: increase IP awareness, namely among Canadian businesses, entrepreneurs and innovators and also amongst the indigenous community; provide tools to support Canadian businesses in learning about and acquiring IP; and, amend IP legislation to clarify...
Firm Announcement
I am pleased to announce and welcome Tanner Hukezalie as a new Shareholder (Partner) of the firm. Tanner Hukezalie Tanner joined the firm in June of 2007. He wrote and successfully passed the Canadian Patent Agent’s Exams held in April of 2009. He was one of four successful candidates...
Commentary – Amendments to Canadian Patent Act – Bill C-34
On December 16, 2014, Bill C-34 received Royal Assent. This bill includes amendments to the Canadian Patent Act. The purpose of many of the amendments to the Patent Act is to align Canadian patent law with the Patent Law Treaty (PLT) done at Geneva on June 1, 2000. Currently, new Regulations...
Corporate/Commercial Law Practices with Virtual Patent/Trademark Agents
A Canadian law practice, small or large, with corporate commercial lawyers may not have the resources to have its own in-house patent and/or trademark agent(s). This is where a virtual Patent and Trademark Agent firm can assist such a law firm. A Patent and Trademark Agent firm that specializes in acquiring...
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...
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...