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:

Designated Establishments

CIPO has announced that it is discontinuing the acceptance of correspondence at designated establishments at Innovation, Science and Economic Development Canada (ISED) regional mailrooms as of August 16th. These are currently available in Ottawa, Montréal, Toronto, Edmonton, and Vancouver. CIPO recommends electronic, in person or Canada Post as alternatives.

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Consultations

Two consultations were announced today:

  • the Patented Medicine Prices Review Board announced a  consultation on updated guidance relating to Gap medicines, the references to the comparator countries and the international price tests for Grandfathered medicines and their line extensions, all arising from the six month extension to the coming-into-force of the new Regulations.
  • The government announced a consultation on the copyright framework relating to artificial intelligence and the Internet of Things, including data mining, authorship and ownership of works created by AI, infringement and liability regarding AI, and repair and interoperability issues related to technological protection measures.

Gazette Amendments

Several IP related amendments have been published in the Canada Gazette:

Patent Rules

Proposed amendments to the Patent Rules are published for consultation in the Canada Gazette to address patent term adjustment and other changes to streamline prosecution. The proposed amendments include excess claim fees, limits on office actions and requests for continued examination, updating rules on sequence listings and some miscellaneous amendments.

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Assignor Estoppel

Yesterday, the US Supreme Court upheld but limited the doctrine of assignor estoppel for patents in Minerva Surgical Inc. v. Hologic Inc.: “When an assignor warrants that a patent claim is valid, his later denial of validity breaches norms of equitable dealing. … [But an] example of non-contradiction is when an assignment occurs before an inventor can possibly make a warranty of validity as to specific patent claims.”

Canadian Intellectual Property