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...
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...
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 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...
In the Supreme Court decision of Teva Canada Ltd. v. Pfizer Canada Inc. 2012 SCC 60 – Nov 8, 2012 - (Decision varied by SCC in 2013 from pronouncement that patent is not valid to “Teva has established its allegation that Canadian Patent 2,163,446 is not valid) the validity issue...
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...
Costs play an important role for business when making decisions to file and prosecute patent applications through to the grant of patents. These costs can run into the 10’s of thousands of dollars for protection in one or more countries. But the cost of obtaining protection sometimes pales in comparison...
The Canadian Patent Agent Exams are very challenging to pass in one or more sittings. The Exams are written once a year, usually in April and comprise four, four hour exams, written in four consecutive days. The first paper requires evaluation of an invention, prior art and the drafting of...
The First Inventor to Receive a Patent? Filippo Brunelleschi - 1377-1446 - trained as a goldsmith in Florence, is principally known for his eventual work as a structural engineer and architect. At the end of the 13th century a decision was made by the governing body of Florence to construct a...
