Fees

A number of fees at CIPO are increasing by 2% as of January 1, 2021 due to application of the Service Fees Act. As a result, the fees listed in schedules in the various regulations, such as Schedule 2 to the Patent Rules, may no longer be accurate. For example, the regular patent filing fee will increase to $408 as of January 1st. CIPO has an updated fee schedule. Application fees for a Certificate of Supplementary Protection also increase by 2% but not until April 2021.

Holidays

All the best for the holidays! Let’s hope that 2021 is a little more normal. I’m going to pause the IPPractice emails on days the Federal Court Registry is closed: December 25, 28 and January 1.

Privacy

Bill C-11, the Digital Charter Implementation Act, was introduced today directed to a new privacy regime, including the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act, and replacing parts of PIPEDA. Key features include a tribunal that can impose significant fines, order-making power by the Privacy Commissioner, disclosure of “automated decision systems”, data mobility and de-identification uses.

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Federal Court

The Federal Court published guidance on in-person hearings. All applications for judicial review as well as all general sittings are being heard by video conference (via Zoom) although parties may request in-person or hybrid hearings. For in-person hearings, various public health measures are implemented as set out in the guidance.

Patentable Subject Matter

CIPO has published practice guidance on patentable subject matter following the recent decision in Choueifaty as well as some examples for computer-implemented, medical diagnostic and medical use inventions. CIPO indicated that updates to MOPOP are coming later and will be subject to consultation.

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Canadian Intellectual Property