Quebec and Saskatchewan to legislate Patent Box Incentives

On March 22, 2016, in Legislation, News, Patents, by Natalie Raffoul

Quebec and Saskatchewan are the first provinces in Canada to announce fiscal incentives for companies commercializing intellectual property. On March 17, 2016, Quebec’s Minister of Finance announced a “patent box” that would lower tax rates on revenue attributable to patents for inventions developed in Quebec as part of the provincial budget coming into effect on […]

Patents Granted by Country at the USPTO: Canada is 6th in the world!

On January 21, 2016, in News, Patents, by Natalie Raffoul

Canada should be proud of its recent record at the US Patent and Trademark Office in terms of granted patents.  Among foreign country filers, Canadian resident companies/individuals placed 6th in the total number of US patents being granted between 2001 to 2014.  In fact, between 2007 and 2014, the number of US patents granted to Canadians has more than doubled!  Innovation is alive […]

C+BR Recognized as 2015 Patents Law Firm of the Year in Canada

On October 8, 2015, in Awards, Designs, Patents, Trademarks, by Natalie Raffoul

Clancy P.C. + Brion Raffoul is pleased to announce its recognition in the Legal Awards 2015 as “Patents Law Firm of the Year – Canada” by Lawyer Monthly (a UK-based publication).  C+BR was one of six law firms recognized in Canada, and in the company of about one hundred law firms worldwide.  Each recipient was subject to […]

Canada Ratifies the International Convention for the Protection of New Varieties of Plants

On July 9, 2015, in News, Patents, Plant Breeder, by Natalie Raffoul

Canada has ratified the International Convention for the Protection of New Varieties of Plants. The treaty will come into force on July 19, 2015. Canada previously amended the Plant Breeders’ Rights (PBR) Act via Bill C-18, which came into force in February 2015, to bring the legislation in line with the Convention. Under the PBR […]

Patenting Medical Diagnostic Methods in Canada

On July 6, 2015, in News, Patents, by Natalie Raffoul

CIPO has released new Guidelines for analyzing the patentability of Medical Diagnostic Method Claims. As with general Canadian practice, Medical Diagnostic Method Claims must be construed in accordance with the practice of purposive claim construction. Namely, the claims must solve the problem described by the inventors according to the  essential elements identified in the Description. […]

FEDERAL COURT OF APPEAL RELEASES AMAZON.COM DECISION

On November 28, 2011, in News, Patents, by Natalie Raffoul

The Federal Court of Appeal (FCA) largely approved Justice Phelan’s reasons in the lower court.  “I agree that no Canadian jurisprudence determines conclusively that a business method cannot be patentable subject matter.”  However, the FCA critized Justice Phelan’s “practical embodiment or practical application” test. The FCA allowed Amazon.com’s appeal from the Commission and requires the Commissioner […]

Canadian Federal Court decides that business methods are patentable subject matter in Canada

On October 17, 2010, in Patents, by Natalie Raffoul

AMAZON.COM, INC. (Appellant) and THE ATTORNEY GENERAL OF CANADA, and THE COMMISSIONER OF PATENTS (Respondents) Yesterday, the Federal Court of Canada finally ruled on an appeal of a decision by the Commissioner of Patents to deny the Appellant’s patent for a “business method”, having found that it was not patentable subject matter under s. 2 […]