A couple of non-Canadian developments that may be of interest:
- a majority of the US Supreme Court allowed the registration for the trademark “Booking.com” in the face of arguments that it was generic: “According to the PTO, adding “.com” to a generic term—like adding “Company”—can convey no source-identifying meaning. That premise is faulty, for only one entity can occupy a particular Internet domain name at a time, so a “generic.com” term could convey to consumers an association with a particular website.”
- the UK Supreme Court in Regeneron Pharmaceuticals Inc v Kymab Ltd considered patent sufficiency: “The disclosure required of the patentee is such as will, coupled with the common general knowledge existing as at the priority date, be sufficient to enable the skilled person to make substantially all the types or embodiments of products within the scope of the claim.”
The Canadian Intellectual Property Office has extended the period of designated days so certain time limits will now be extended until July 20, 2020. While the period of designated days may be extended further, the Patent Branch is offering a webinar on the “end of designated days”.
The Federal Court has indicated that the Suspension Period for Ontario, Quebec and the territories will end on June 29. The Suspension Period for the rest of Canada already ended on June 15. Continue reading Federal Court
The Federal Court of Appeal has just published the first of the cases that are released from its Suspension Period. More cases will be listed each Monday (see early post).
The Patented Medicines Prices Review Board has released revised proposed guidelines for consultation until July 20, 2020. These guidelines are to accompany the revised Patented Medicines Regulations that are scheduled to come into force January 1, 2021. Continue reading PMPRB
The Federal Court of Appeal has announced phase-out of its COVID-19 Suspension Period by identify “Selected Files” on a list to be posted each Monday starting June 22 which are released from the Suspension Period. Continue reading Federal Court of Appeal
The Federal Court has issued a further COVID update:
- extending the Suspension Period through to June 29 for Ontario, Quebec and the territories;
- ending the Suspension Period for the end in the rest of the country on June 15 with hearings not being held until July 13, 2020 and certain deadlines suspended until June 29.
CIPO has extended the period of designated days due to COVID-19 until July 6, 2020.