CIPO has announced it is continuing and expanding its procedure to refer final rejections of patent applications to a single member of the PAB in certain circumstances if the rejection only relates to patentable subject matter (with some exceptions), s27(4) and the Patent Rules. CIPO is working to “increase efficiencies and reduce turnaround times” at the PAB. The 2019-2020 Annual Report identified 71 appeals to the PAB and 41 decisions issued.
Category Archives: Daily Alert
Fee Decrease
CIPO has reminded applicants that as of January 1st, many service fees have decreased by 0.2% due to fee adjustments under the Service Fees Act. As a result, the fees listed in Schedules to the Regulations may no longer be current so online resources should be consulted for the current fees. Continue reading Fee Decrease
Happy New Year
Thank you for another year with IPPractice. In 2021, I’ve sent out 461,000 emails to over 2100 subscribers. I have included reports on 200 IP-related decisions and over 350 new IP-proceedings. Happy New Year! Continue reading Happy New Year
Patented Medicines
In what is becoming a holiday tradition, the coming into force of amendments to the Patented Medicines Regulations has been again delayed by six months. The amendments were scheduled to come into force on January 1, 2022 having previously been scheduled for July 2021, January 2021, and July 2020 (see earlier post). The amendments generally relate to factors to be considered by the PMPRB for pricing patented medicines.
Federal Courts Rules
As mentioned last week, amendments to the Federal Courts Rules are being made, and were published in the Canada Gazette today for:
- miscellaneous changes including expansion to Rule 3 to focus on ‘outcome’ and proportionality rather than ‘determination’, explicit powers to limit examinations (rule 87.1) and a rule specifically for motions in writing at the Federal Court of Appeal (rule 369.2), among other things.
- enforcement of foreign judgments and arbitral awards.
- limited-scope representation.
Federal Courts Rules
Amendments to the Federal Courts Rules coming into force in January, have been registered. The amendments include expansion to Rule 3 to focus on ‘outcome’ and proportionality rather than ‘determination’, explicit powers to limit examinations (rule 87.1) and a rule specifically for motions in writing at the Federal Court of Appeal (rule 369.2), among other things.
Patent Infringement Proceedings
For my recent article for Slaw, I tracked all the patent infringement proceedings started over the three year period 2017 to 2019. Of the 140 cases, nine have gone to trial, the fastest in 29 months. Over half of cases are resolved in less than two years, typically by discontinuance/settlement.
CIPO
CIPO has announced a new patent national entry request online tool. According to the announcement, one the application is submitted and the fees paid, you will instantly receive a national entry date and Canadian patent application number. Continue reading CIPO
Top Patentees 2020
In 2020, approximately 21,300 patents were granted by the Canadian Patent Office, down slightly from 2019. Halliburton Energy Services was again the top recipient of patents. The other top applicants were The Boeing Company, General Electric Company, BASF and Becton, Dickinson and Company. Continue reading Top Patentees 2020
50th Anniversary
The Federal Court and Federal Court of Appeal published a book celebrating the 50 years of the Courts. Following a book launch today, the Courts are hosting sessions later this year reflecting on key areas of jurisdiction: immigration, national security, and intellectual property.