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 […]

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 […]

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. […]

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 […]

Update on Patenting Methods of Medical Treatment in Canada

On March 23, 2015, in Case Law, News, Patents, by Natalie Raffoul

By Leah Labib and Natalie Raffoul   Some good news regarding methods of medical treatment and dosage-related Claims in Canada.   While patent claims directed to methods of medical treatment remain unpatentable in Canada, claims to medical uses are generally permitted. With regard to the permissible types of use claims, the Canadian Intellectual Property Office […]

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 […]