CIPO is rolling out its “Next Generation Patent” system in the coming weeks, with MyCIPO Patents, a new online portal for patent services, launching on . The current National Phase Entry and Maintenance Fee Payment tools will be deactivated next week. The online Canadian Patent Database will be offline from July 5, with resumption “expected to occur between and
All posts by Alan Macek
Trademark Regulations
Proposed amendments to the Trademark Regulations are published in the Canada Gazette for consultation. The proposed amendments would allow cost awards, case management and confidentiality orders before the TMOB, as well as would allow CIPO to indicate that an official mark holder is not a public authority or has ceased to exist. The changes support amendments to the Trademarks Act that are not yet in force.
Continue reading Trademark Regulations
Judges’ Dinner
Looking forward to catching up with friends and colleagues at the CBA IP Day and Judges’ Dinner in Ottawa on Thursday – let me know if you will be attending as well.
Patent Term Adjustment
Proposed amendments to the Patent Rules were published in the Canada Gazette for consultation to implement patent term adjustment by January 2025. Term may be added if the issue date is more than 5 years from the filing/national entry date, or 3 years from requesting examination, whichever is later, particularly time attributable to the patent applicant. Several miscellaneous amendments are also proposed. Continue reading Patent Term Adjustment
Federal Court
The Federal Court has issued an updated practice notice on “The Use of Artificial Intelligence in Court Proceedings” that addresses issues the scope of the declaration on AI generated material filed with the court. This updates the practice notice that was originally issued in December.
Appointments
Yesterday, Michael Battista, Founding Counsel at Battista Migration Law Group in Toronto, was appointed a Judge of the Federal Court and Catharine Moore, Senior General Counsel at the Department of Justice Canada in Ottawa, was appointed an associate judge of the Federal Court. Appointments were also made to the courts of Ontario, Quebec, Saskatchewan, and the Tax Court.
Book
There is a new book, “The Regulation of Drugs in Canada“, discussing the Food and Drugs Act, including sections on intellectual property and the Patented Medicines (Notice of Compliance) Regulations from authors currently with Health Canada Legal Services of the DOJ. Continue reading Book
Budget
The government released its Budget 2024 that includes some IP related provisions:
- support for amendments to the Copyright Act to “help achieve interoperability between devices and equipment” and “to allow the circumvention of digital locks to diagnose, maintain, or repair a product”;
- for the Federal Court, funds to “enhance its capacity to deliver translated decisions” by the federal courts; and consultations on “repealing the residency requirement” for Federal Court judges allow for wider and more diverse pool of applicants;
- support for various innovation programs including $600m over four years for enhancements to the SR&ED program; money for the Innovation Asset Collective; and allowing “businesses to
immediately write off the full cost of investments in patents”.
CIPO Waiver
The Rules Amending the Patent Rules that amend s3 and add s139.1 to the Patent Rules to allow the Commissioner to waive payments of fee differences in certain circumstances (see earlier post) have been published in the Canada Gazette, Part II.
CIPO Waiver
As mentioned last week, CIPO waived underpayments on $50 small entity fees which should have been increased under the Service Fee Act. Corresponding Rules Amending the Patent Rules amend s3 and add s139.1 to allow the Commissioner to waive payments of fee differences in certain circumstances, are now available.