The Federal Court issued a Notice to the Parties and the Profession “The Use of Artificial Intelligence in Court Proceedings” indicating that it expects parties to declare if they have used generative AI to create documents filed with the court. A companion “Interim Principles and Guidelines on the Court’s Use of Artificial Intelligence” introduces the court’s principles relating to AI including a statement that “The Court will not use AI, and more specifically automated decision-making tools, in making its judgments and orders, without first engaging in public consultation.”
Category Archives: Daily Alert
IPH
Australian-based intellectual property services group, IPH Limited, announced it is acquiring Robic. It acquired Ridout & Maybee in September and Smart & Biggar in October 2022. Continue reading IPH
Design Bar
The USPTO has announced a separate design patent bar. Existing practitioners can continue practice in all areas but the new bar would allow applicants with degrees in “industrial design,
product design, architecture, applied arts, graphic design, fine/studio arts, or art teacher education” or equivalents.
AI
President Biden issued an executive order today on the regulation of AI systems including on safety test results and standards for red-team testing. In a section on intellectual property, the USPTO was directed to publish guidance on patent inventorship and the use of AI and the Copyright Office to provide recommendations on works produced using AI and the treatment of copyrighted works in AI training.
Complex Proceedings
The Federal Court has issued an updated consolidated practice direction “Case and Trial Management Guidelines for Complex Proceedings and Proceedings under the PM(NOC) Regulations”. The notice states that the update includes instructions for subsequent case management conferences and timing for submissions on costs.
National Day for Truth and Reconciliation
In recognition of the National Day for Truth and Reconciliation on Saturday September 30th, the Federal Court will only hear urgent motions on Monday October 2. The court issued a Notice to the Parties and the Profession noting that, “due to the current wording of the amendments to the Interpretation Act and the definition of holiday in section 2 of the Federal Court Rules, the Federal Court Registry will still be open for filing on Monday, October 2, 2023, via drop-box and E-filing only” and “Litigants are reminded to include Monday, October 2, 2023, in their computation of time.” October 2nd is generally considered a holiday at CIPO.
Appointment
Phuong T.V. Ngo, a partner at Gowling WLG in Ottawa was appointed today as a Judge of the Federal Court. Continue reading Appointment
Appointments
Negar Azmudeh, Assistant Deputy Chairperson at the Immigration and Refugee Board of Canada was appointed a Judge of the Federal Court. Appointments were also made yesterday to the courts in Ontario, British Columbia, Alberta, Saskatchewan, Manitoba, Newfoundland & Labrador, Nunavut.
Due Care
CIPO has shared a “Due Care Observations” notice that says that many requests for reinstatement on the basis of due care i) do not address the ‘relevant point in time’, ii) refer to ‘unintentionality’ rather than ‘due care’, iii) do not address that ‘all authorized persons must show due care’, and iv) ‘lack information’ on what actions were taken to avoid a failure. The observations also address the situation where an agent remains of record but an annuity service is paying maintenance fees.
PTA
CIPO has an announced a consultation on the determination of additional term if a patent was issued after a threshold date unless, after accounting for days to be subtracted, the net number of relevant days prior to issuance falls below the threshold outlined in the Act. The consultation also considers extension of time for requesting examination, suspension of examination during late payment of maintenance fees and requesting priority and early publication on the same day. The consultation period is open until September 8.