The Federal Court of Appeal has issued a further notice extending its suspension period until May 15, 2020 and adjourning all hearings during this period, although parties may consent to have their matters heard remotely or decided based only on the written material. I understand that the Federal Court is likely to extend its suspension period as well.
The Ontario Superior Court has issued a Notice re-opening hearings in certain cases beyond just ‘urgent’ matters using remote hearings and relaxing requirements for service by email and filing.
WIPO has announced that the PCT International Bureau has suspended the transmittal on paper of PCT documents and notifications and will only use electronic means.
CIPO has extended the period of designated days until the end of April. This designation is under under subsection 78(1) of the Patent Act, subsection 66(1) of the Trademarks Act, and subsection 21(1) of the Industrial Design Act and extends the previous period, March 16 to March 31 – see link. The CIPO Patent Agent exams have also been adjourned to a date to be determined.
The emergency legislation, Bill C-13 received Royal Assent today. It includes amendments to the Patent Act to allow compulsory licensing “to respond to the public health emergency”.
The Federal Court has posted a FAQ on how it is handling the suspension of hearings and deadlines in view of its Practice Notice posted on March 17 (see earlier post). An amended Practice Notice is expected in the coming days. The FAQ addresses a number of issues including fixed dates: “Any specific date fixed by order or direction for completion of a step in a proceeding that is governed by the Practice Direction is extended for a period equivalent to the Suspension Period.” See the FAQ for more details.
As an update on the Ontario courts, the government made an order under s. 7.1 of the Emergency Management and Civil Protection Act suspending limitation periods and procedural time periods. The suspension is retroactive to March 16, 2020.
In an announcement late Tuesday, the Federal Court announced that, “All Federal Court hearings previously scheduled to be heard between now and April 17, 2020 are being adjourned sine die” except for urgent or exceptional situations. In addition, “The running of all timelines under Orders and Directions of the Court made prior to March 18, 2020, as well as under the Federal Courts Rules, subsection 18.1(2) of the Federal Courts Act and paragraph 72(2)(c) of the Immigration and Refugee Protection Act, is being suspended for the Suspension Period. All other statutory filing deadlines continue to apply. “
CIPO has designated all days in the period of time beginning on March 16, 2020 and ending on March 31, 2020 for the purposes of subsection 78(1) of the Patent Act, subsection 66(1) of the Trademarks Act, and subsection 21(1) of the Industrial Design Act, effectively extending deadlines falling during this period.
In a series of releases on Sunday evening, CIPO stated that, “there are no extensions in place for time limits and deadlines related to acquiring or maintaining intellectual property (IP) rights with CIPO” and directs people to online solutions. A notice on the CIPO website today, says that the regional offices in Toronto, Vancouver, Edmonton and Montreal are not receiving CIPO correspondence until further notice. IPIC reports that patent agent exams will be rescheduled until the fall. Continue reading CIPO→
Canadian Intellectual Property
We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok