Dr. Gerald Heckman, a professor at the University of Manitoba’s Faculty of Law in Winnipeg, was appointed a Judge of the Federal Court of Appeal. John C. Cotter, Partner at Osler, Hoskin & Harcourt LLP in Toronto, was appointed an Associate Judge of the Federal Court. Judicial appointments were also made today to the Tax Court, Ontario courts, Alberta courts, Quebec courts and the BC courts. Continue reading Appointments
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Federal Court
New Associate Judges (Federal Court) Regulations were registered and will published shortly in the Canada Gazette. With the renaming of Prothonotaries to Associate Judges and formalizing the role, these regulations set out the number of Associate Judges in the Federal Court and the role of supernumerary AJs. Continue reading Federal Court
Patent Term Adjustment
As part of budget bill C-47, proposed amendments to the Patent Act would address term adjustment based on delays during prosecution if the applicant applies for the additional term within three months of patent grant. Continue reading Patent Term Adjustment
CPATA
The College of Patent Agents and Trademark Agents announced updated by-laws that come into force on May 1st that include fee increases (for example, from $1500 to $2700 for Class 1 dual licensees), changes to the four classes, and an Annual Licensee Report. Continue reading CPATA
Old Act
Earlier this year, four “Old Act” patents were granted, the first time such patents have been granted since 2014. These recently granted patents have priority dates between 1978 and 1981 so have been in prosecution for over 40 years. Continue reading Old Act
Appointments
Ekaterina Tsimberis, Principal at Smart & Biggar LLP in Montréal, was appointed a Judge of the Federal Court yesterday. Appointments were also made to the Superior Court of Justice of Ontario, the Superior Court of Quebec and the Court of Appeal of Prince Edward Island. Continue reading Appointments
Appointments
Michael Crinson of Crinson Law LLP was appointed an Associate Judge of the Federal Court today. Appointments were also made today to the Superior Court of Ontario and the Superior Court of Quebec. Continue reading Appointments
Fees
CIPO has issued a reminder that many fees have changed as of January 1st with most fees increasing by about 3%. They have also published a consultation in the Canada Gazette for a 25% fee increase for next January as well as expanding the definition of ‘small entity’.
Happy New Year
Thank you for another year with IPPractice. In 2022, I sent out 480,000 emails to over 2200 subscribers. I have included reports on about 180 IP-related decisions and over 330 new IP-proceedings. My top post was announcing the new Patent Rules and the most popular decision was Benjamin Moore & Co. v. Attorney General Of Canada, 2022 FC 923. Happy New Year! Continue reading Happy New Year
Trademarks
One new and one amended trademark practice notice were published today. A new notice clarifies the practice before CIPO as an Office of Origin when the Registrar of Trademarks is unable to certify an application for international registration (AIR) under the Madrid Protocol or one is withdrawn. An updated notice is directed to exclusionary wording in statements of goods or services.