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.

 

Online News Act

Earlier today, Bill C-18 “An Act respecting online communications platforms that make news content available to persons in Canada” received royal assent. It has a stated purpose “to enhance fairness in the Canadian digital news marketplace and contribute to its sustainability”.

CIPO Fee Increases

Amendments to the Patent Rules, Trademark Regulations, Industrial Design Regulations and Copyright Regulations were registered on June 1st incorporating fee increases of about 25% as well as expanding the definition of ‘small entity’. The amendments appear to be generally inline with the versions published for consultation earlier this year. Most of the amendments come into force on January 1, 2024. Continue reading CIPO Fee Increases

Canadian Intellectual Property