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... Read More
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... Read More
2022 FC 923: Benjamin Moore & 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... Read More
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 changes come into force on October 3, 2022. These Rule... Read More
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... Read 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... Read More
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 Read More
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... Read More
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” protection Patent term adjustment due to unreasonable delay in the issuance... Read More
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 April 30, 2020. However, like CIPO, we are recommending that... Read More
