Supreme Court of Canada eliminates Promise of Patent Doctrine

On June 30, 2017, in Case Law, Legislation, News, Patents, by Natalie Raffoul

In an exciting decision released today, the Supreme Court of Canada eliminates the Promise Doctrine in Canadian patent law, which was established by the Federal Courts of Canada some years ago. Under the Promise Doctrine, patents could be invalidated if they did not live up to all of the promises made in the patent, such as […]

Features of Colour! Now part of a Combination of Features Protectable as a Canadian Industrial Design

On January 16, 2017, in Industrial Design, Legislation, News, by Natalie Raffoul

We are excited to report that the Industrial Design Office now takes the position that colour may form part of a combination of features that constitute a design as defined in section 2 of the Industrial Design Act.  However, colour as the sole design feature is not considered to fall within the definition of a design. […]

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. […]

CIPO Will Accept Applications with NICE Classifications in Fall 2015

On June 30, 2015, in News, Trademarks, by Paula Clancy

CIPO has issued a news release indicating that it will begin accepting trademark applications filed with their goods and services grouped and classed according to the Nice Classification later this year.  This international classification standard  was established by the Nice Agreement and is administered by the World Intellectual Property Organization (WIPO). It is not clear […]

Canadian Competition Bureau Releases Draft IP Enforcement Guidelines

On June 30, 2015, in News, Patents, by Natalie Raffoul

The Competition Bureau has released a draft version of its Intellectual Property Enforcement Guidelines that outlines how the Competition Bureau intends to approach the interface between competition and IP law.   There are two broad categories in which the Competition Bureau will determine whether conduct involving IP raises an issue under the Competition Act. The first […]

Privilege for Patent & Trade-mark Agents and Extensions of Time at CIPO for Unforseen Circumstances

On June 25, 2015, in Designs, News, Patents, Trademarks, by Natalie Raffoul

By Katie Wei and Alexandra Lyn Significant changes will be introduced to Canada’s laws on intellectual property as Bill C-59 received Royal Assent on June 23, 2015. Privileged Communications Client communications with registered Canadian patent and trade-mark agents will be privileged and confidential under the new legislation. This means that communications will be protected from […]

To Renew or Not Renew – Has CIPO Answered the Question?

On December 2, 2014, in News, Trademark Tips, Trademarks, by Paula Clancy

Bill C-31, which is expected to come into force in late 2015 or early 2016, will reduce the Canadian trademark registration period from 15 years to 10 years.  As a result, many trademark owners have opted to renew their registrations early in order to take advantage of the current 15 year registration period. CIPO  has […]

CIPO Publishes Modernizing IP Community Report for Consultation

On October 17, 2014, in News, Trademarks, by Paula Clancy

Last year CIPO (in conjunction with IPIC, FICPI and AIPPI) launched the “Modernizing the IP Community” project, in which Paula Clancy was invited to participate.  Three working groups were established to examine and make recommendations on the following issues: improving the maintenance and oversight of the register/list of patent and trademark agents; improving the qualification […]

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 […]