As part of a number of UK/EU/Brexit amendments published today, the Certificate of Supplementary Protection Regulations were amended to add the UK as a “prescribed country”in addition to the EU. Continue reading CSPs
Category Archives: Daily Alert
Happy New Year!
Here’s hoping that 2021 is more normal! Thanks for another year with IPPractice. 450,000 emails sent to over 1800 subscribers with reports on over 150 IP-related decisions and 300 new proceedings.
Continue reading Happy New Year!
Fees
A number of fees at CIPO are increasing by 2% as of January 1, 2021 due to application of the Service Fees Act. As a result, the fees listed in schedules in the various regulations, such as Schedule 2 to the Patent Rules, may no longer be accurate. For example, the regular patent filing fee will increase to $408 as of January 1st. CIPO has an updated fee schedule. Application fees for a Certificate of Supplementary Protection also increase by 2% but not until April 2021.
PMPRB
Implementation of the new Patented Medicines Prices Review Board regulations that were due to come into force on January 1, 2021 have been delayed by six-month. The coming-into-force was previously delayed from July 1st and the regulations have been subject to several legal challenges.
Holidays
All the best for the holidays! Let’s hope that 2021 is a little more normal. I’m going to pause the IPPractice emails on days the Federal Court Registry is closed: December 25, 28 and January 1.
Copyright Board
Regulations relating to the Copyright Board were published yesterday, “Time Limits in Respect of Matters Before the Copyright Board Regulations“. The Regulations impose a 12-month time limit for the Board to issue decisions after submissions, with certain exceptions.
Patent Collective
Canada’s “Innovation Asset Collective” was launched today with $30m in support through the government’s Patent Collective Pilot Program. According to Minister Bains’ announcement, “The Collective will bring businesses together to help them make the most strategic use of their intellectual property.” Continue reading Patent Collective
Privacy
Bill C-11, the Digital Charter Implementation Act, was introduced today directed to a new privacy regime, including the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act, and replacing parts of PIPEDA. Key features include a tribunal that can impose significant fines, order-making power by the Privacy Commissioner, disclosure of “automated decision systems”, data mobility and de-identification uses.
Federal Court
The Federal Court published guidance on in-person hearings. All applications for judicial review as well as all general sittings are being heard by video conference (via Zoom) although parties may request in-person or hybrid hearings. For in-person hearings, various public health measures are implemented as set out in the guidance.
Patentable Subject Matter
CIPO has published practice guidance on patentable subject matter following the recent decision in Choueifaty as well as some examples for computer-implemented, medical diagnostic and medical use inventions. CIPO indicated that updates to MOPOP are coming later and will be subject to consultation.