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:

Patent Term Adjustment

Proposed amendments to the Patent Rules were published in the Canada Gazette for consultation to implement patent term adjustment by January 2025. Term may be added if the issue date is more than 5 years from the filing/national entry date, or 3 years from requesting examination, whichever is later, particularly time attributable to the patent applicant. Several miscellaneous amendments are also proposed. …Read More

Federal Court

The Federal Court has issued an updated practice notice on “The Use of Artificial Intelligence in Court Proceedings” that addresses issues the scope of the declaration on AI generated material filed with the court. This updates the practice notice that was originally issued in December.

Appointments

Yesterday, Michael Battista, Founding Counsel at Battista Migration Law Group in Toronto, was appointed a Judge of the Federal Court and Catharine Moore, Senior General Counsel at the Department of Justice Canada in Ottawa, was appointed an associate judge of the Federal Court.  Appointments were also made to the courts of Ontario, Quebec, Saskatchewan, and the Tax Court.

…Read More

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”.

Canadian Intellectual Property