CIPO has published a “Manual of Patent Appeal Board Procedures for Rejected Patent Applications“.
Category Archives: Daily Alert
Patentees 2023
In 2023, approximately 27,500 patents were granted by the Canadian Patent Office, the most since I’ve been tracking patent stats, and up substantially from a slow year in 2022 when only 18,125 were granted. Boeing was the top recipient of patents in Canada in 2023. The other top recipients were Halliburton Energy Services, Huawei Technologies, 10353744 Canada Ltd. and Qualcomm. See more for the top 20. Continue reading Patentees 2023
Happy New Year
Thank you for another year with IPPractice! Looking back at 2023, I sent out about 490,000 emails to over 2200 subscribers. I included reports on about 150 IP-related court decisions and over 300 new IP proceedings. My most popular post was about the CIPO fee increases that came into force yesterday, January 1, 2024.
AI
The Federal Court issued a Notice to the Parties and the Profession “The Use of Artificial Intelligence in Court Proceedings” indicating that it expects parties to declare if they have used generative AI to create documents filed with the court. A companion “Interim Principles and Guidelines on the Court’s Use of Artificial Intelligence” introduces the court’s principles relating to AI including a statement that “The Court will not use AI, and more specifically automated decision-making tools, in making its judgments and orders, without first engaging in public consultation.”
IPH
Australian-based intellectual property services group, IPH Limited, announced it is acquiring Robic. It acquired Ridout & Maybee in September and Smart & Biggar in October 2022. Continue reading IPH
Design Bar
The USPTO has announced a separate design patent bar. Existing practitioners can continue practice in all areas but the new bar would allow applicants with degrees in “industrial design,
product design, architecture, applied arts, graphic design, fine/studio arts, or art teacher education” or equivalents.
AI
President Biden issued an executive order today on the regulation of AI systems including on safety test results and standards for red-team testing. In a section on intellectual property, the USPTO was directed to publish guidance on patent inventorship and the use of AI and the Copyright Office to provide recommendations on works produced using AI and the treatment of copyrighted works in AI training.
Complex Proceedings
The Federal Court has issued an updated consolidated practice direction “Case and Trial Management Guidelines for Complex Proceedings and Proceedings under the PM(NOC) Regulations”. The notice states that the update includes instructions for subsequent case management conferences and timing for submissions on costs.
National Day for Truth and Reconciliation
In recognition of the National Day for Truth and Reconciliation on Saturday September 30th, the Federal Court will only hear urgent motions on Monday October 2. The court issued a Notice to the Parties and the Profession noting that, “due to the current wording of the amendments to the Interpretation Act and the definition of holiday in section 2 of the Federal Court Rules, the Federal Court Registry will still be open for filing on Monday, October 2, 2023, via drop-box and E-filing only” and “Litigants are reminded to include Monday, October 2, 2023, in their computation of time.” October 2nd is generally considered a holiday at CIPO.
Appointment
Phuong T.V. Ngo, a partner at Gowling WLG in Ottawa was appointed today as a Judge of the Federal Court. Continue reading Appointment