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 Volume in 2016

The number of patent applications published in 2016 or that entered national phase in Canada in 2016 were up slightly over 2015 at about 34,400 application. Smart & Biggar, Gowlings and Norton Rose Fulbright Canada top the list of firms by volume of applications. …Read More

CETA Proposed Regulations

Proposed amendments to overhaul the patent linkage regime and add certificates of supplementary protection were published today in the Canada Gazette, Part 1. Amendments to the Patented Medicines (Notice of Compliance) Regulations will replace the current summary procedures with full actions including rights of appeal. New Certificate of Supplementary Regulations are proposed to provide for up to two years of additional exclusivity based on the time to obtain a notice of compliance for a drug containing a new medicinal ingredient or combination of medicinal ingredients.  A number of other proposed regulatory amendments relating to CETA were also published. There is a 15-day consultation period.

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CETA

Canada and the EU have announced that they have agreed to set September 21, 2017 as the date to start the provisional application of CETA.  …Read More

Promise Doctrine

In a unanimous decision, the Supreme Court held today that the promise doctrine is not the correct approach to determine whether a patent has sufficient utility. As a result, the lower court decisions finding the patent at issue directed to Esomeprazole/Nexium invalid for want of utility, were set aside.

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Trademark Exam

The trademark agent qualifying exam details have been announced with the exam to take place on November 28, 2017. Sign up deadlines and details are on CIPOs website.

Canadian Intellectual Property