Amendments to the Federal Courts Rules come into force today – see earlier post. The amendments relate to i) limited scope representation; ii) enforcement of orders; and iii) a series of miscellaneous amendments including to Rule 3.
The Competition Bureau and Health Canada’s Health Product and Food Branch (HPFB) announced a collaboration focused on affordable medicines. The announcement focused on generic companies obtaining samples of the branded drug required to develop and support the regulatory authorization of their generic medicine.
Ontario has created “Intellectual Property Ontario”, a new agency directed to among other things “increase public access to services and resources in respect of intellectual property in order to advance economic growth and competitiveness in Ontario” by supporting development and protection of IP, partnering with educational institutions and providing recommendations to the government. Continue reading Intellectual Property Ontario
CIPO has announced it is continuing and expanding its procedure to refer final rejections of patent applications to a single member of the PAB in certain circumstances if the rejection only relates to patentable subject matter (with some exceptions), s27(4) and the Patent Rules. CIPO is working to “increase efficiencies and reduce turnaround times” at the PAB. The 2019-2020 Annual Report identified 71 appeals to the PAB and 41 decisions issued.
CIPO has reminded applicants that as of January 1st, many service fees have decreased by 0.2% due to fee adjustments under the Service Fees Act. As a result, the fees listed in Schedules to the Regulations may no longer be current so online resources should be consulted for the current fees. Continue reading Fee Decrease
Thank you for another year with IPPractice. In 2021, I’ve sent out 461,000 emails to over 2100 subscribers. I have included reports on 200 IP-related decisions and over 350 new IP-proceedings. Happy New Year! Continue reading Happy New Year
In what is becoming a holiday tradition, the coming into force of amendments to the Patented Medicines Regulations has been again delayed by six months. The amendments were scheduled to come into force on January 1, 2022 having previously been scheduled for July 2021, January 2021, and July 2020 (see earlier post). The amendments generally relate to factors to be considered by the PMPRB for pricing patented medicines.
As mentioned last week, amendments to the Federal Courts Rules are being made, and were published in the Canada Gazette today for:
- miscellaneous changes including expansion to Rule 3 to focus on ‘outcome’ and proportionality rather than ‘determination’, explicit powers to limit examinations (rule 87.1) and a rule specifically for motions in writing at the Federal Court of Appeal (rule 369.2), among other things.
- enforcement of foreign judgments and arbitral awards.
- limited-scope representation.
Amendments to the Federal Courts Rules coming into force in January, have been registered. The amendments include expansion to Rule 3 to focus on ‘outcome’ and proportionality rather than ‘determination’, explicit powers to limit examinations (rule 87.1) and a rule specifically for motions in writing at the Federal Court of Appeal (rule 369.2), among other things.
For my recent article for Slaw, I tracked all the patent infringement proceedings started over the three year period 2017 to 2019. Of the 140 cases, nine have gone to trial, the fastest in 29 months. Over half of cases are resolved in less than two years, typically by discontinuance/settlement.