CIPO has announced that “all applications will be inaccessible” from 3pm November 1st to 6am on November 5th. This relates to the upgrades needed to support the Industrial Design Act and Regulations amendments coming into force on November 5th.
All posts by Alan Macek
Budget Changes
Introduced yesterday, budget bill C-86 includes changes to the Patent Act, Trade-marks Act, Copyright Act, enacts the College of Patent Agents and Trade-mark Agents Act and makes changes for IP licenses in insolvency. Some highlights include a college to regulate agents, reform of the Copyright Board, allows patent file histories to be admissible to rebut claim constructions, add bad faith as a ground of opposition for trademarks, and adds requirements for notices under the notice-and-notice copyright regime.
Music Modernization
NAFTA 2.0
Canada, the US and Mexico announced a new trade agreement and the IP chapter (link) includes changes to patent term adjustment, copyright term, data protection, border enforcement on in-transit, and trade secret enforcement.
Appointments
Justice Marianne Rivoalen was appointed to the Federal Court of Appeal today. She replaces Justice J.M. Woods, who elected to become a supernumerary judge effective April 1, 2018. Prior to today’s appointment she was Associate Chief Justice of Her Majesty’s Court of Queen’s Bench for Manitoba (Family Division). Appointments were also made today to in the province of Saskatchewan. Continue reading Appointments
Notice-and-Notice
The Supreme Court issued its decision in Rogers Communications Inc. v. Voltage Pictures, LLC, 2018 SCC 38 relating to the costs that ISPs can claim for comply with Norwich orders under the Copyright Act. Continue reading Notice-and-Notice
Patent Pending
My recent article on patent pendency was published this week on Slaw. For patents granted by the Canadian Patent Office in the first half of 2018, the duration a patent application was pending ranged from less than 6 months to over 18 years.
Patentable Subject Matter
Amazon.com’s “one-click” patent granted after being litigated to the Federal Court of Appeal on the issue of patentable subject matter (2011 FCA 328), expired today.
Interruption
There was no IPPractice email on Tuesday, September 4th, but today’s email includes all updates since Friday. Continue reading Interruption
Trademarks and Patents
Amendments to the Trade-mark Act and Patent Act, Patent Rules and Trademark Regulations are being made as of November 5, 2018 to amend the procedures on CIPO holidays and force majeure events, and as of June 2018 to patent reinstatements .