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 […]

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 […]

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 […]

Do abstract ideas become patentable subject matter when implemented by a computer?

On June 25, 2014, in Case Law, News, Patents, by Natalie Raffoul

By J. Duffy, N. Raffoul, A. Brion On June 19, 2014, the Supreme Court of the United States decided the matter of Alice Corp. v. CLS Bank International. This case determined the validity of Alice’s patent claims, which pertained to a computer-implemented scheme for mitigating “settlement risk” by using a third-party intermediary. The Court essentially […]

Our firm and partners recognized as a leading patent firm and as leading practitioners in Canada

On June 3, 2014, in Awards, Patents, by Natalie Raffoul

Clancy P.C. + Brion Raffoul has been recognized as one of the leading patent firms in Canada by IAM Patent 1000: The World’s Leading Recommended Firms and Patent Practitioners 2014 – a unique guide that identifies the top patent firms and practitioners in key jurisdictions around the globe.   Along with our firm, Art Brion […]

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 […]