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:


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.

CIPO Waiver

CIPO has issued a practice notice waiving the requirement to pay difference between the amounts paid for certain $50 small entity maintenance fees up to today and the amount actually required as increased by the Service Fee Act because of incorrect information posted by CIPO. Accompanying amendments to the Patent Rules that came into force earlier this week address situations where fees are paid incorrectly as a result of erroneous information provided by the Commissioner of Patents.

…Read More

Canadian Intellectual Property