IPPractice

This site is my collection of updates, statistics and analysis on intellectual property in Canada. I am a partner at DLA Piper (Canada) LLP practicing in the area of intellectual property (more about me). Material on this website are my own views and do not reflect the position of DLA Piper (Canada) LLP, any of its member firms around the world, or any of its clients. IPPractice.ca grew out of my hobby to gather and share interesting updates on intellectual property to friends and colleagues. Highlights include:

Recent Posts:

Book

There is a new book, “The Regulation of Drugs in Canada“, discussing the Food and Drugs Act, including sections on intellectual property and the Patented Medicines (Notice of Compliance) Regulations from authors currently with Health Canada Legal Services of the DOJ. …Read More

Budget

The government released its Budget 2024 that includes some IP related provisions:

  • support for amendments to the Copyright Act to “help achieve interoperability between devices and equipment” and “to allow the circumvention of digital locks to diagnose, maintain, or repair a product”;
  • for the Federal Court, funds to “enhance its capacity to deliver translated decisions” by the federal courts; and consultations on “repealing the residency requirement” for Federal Court judges allow for wider and more diverse pool of applicants;
  • support for various innovation programs including $600m over four years for enhancements to the SR&ED program; money for the Innovation Asset Collective; and allowing “businesses to
    immediately write off the full cost of investments in patents”.

CIPO Waiver

The Rules Amending the Patent Rules that amend s3 and add s139.1 to the Patent Rules to allow the Commissioner to waive payments of fee differences in certain circumstances (see earlier post) have been published in the Canada Gazette, Part II.

CIPO Waiver

As mentioned last week, CIPO waived underpayments on $50 small entity fees which should have been increased under the Service Fee Act. Corresponding Rules Amending the Patent Rules amend s3 and add s139.1 to allow the Commissioner to waive payments of fee differences in certain circumstances, are now available.

…Read More

Federal Court

The Federal Courts Rules Committee announced a “global review” of the Rules and invited comments on several identified proposals, as well as any other proposals for changes to the Rules by July 2nd. Some of the proposals include updates on electronic service and filing, incorporating elements from the consolidated practice notices, and expand roles of associate judges.

Canadian Intellectual Property