I’m going to be on vacation next week so decided to pause my daily IPPractice emails. I plan to resume on August 17 and will catch up on whatever was missed once I am back. Continue reading Summer break
Pre-grant Compensation
In my latest column for Slaw on patent publication dates, I discuss how the publication date for patent applications can be later than the typical 18-months secrecy period due to processing delays at the patent office. I have found regularly filed patent applications with publication dates more than 2.5 years from the priority date. For regularly patent applications published in 2025, the average secrecy period was about 23 months according to my analysis.
Patent Litigation
I discussed trends in Canadian patent litigation with Tim Wilbur for an article in Canadian Lawyer entitled “Patent litigation in Canada at record low despite capable courts“. I am quoted in the article on the Federal Court’s use of case management and assignment of early trial dates in patent litigation proceeding. The article also includes statistics from IPPractice.ca.
Patentable Subject Matter
In its decision released today in Pharmascience Inc. v. Janssen Inc., 2026 SCC 26, a majority of the Supreme Court of Canada upheld the lower court decisions finding that methods of medical treatment are unpatentable subject matter but the dosage regime at issue patentable. Continue reading Patentable Subject Matter
Patentable Subject Matter
The Supreme Court of Canada announced that it will deliver its decision in Pharmascience Inc. v. Janssen Inc. relating to the patentability of methods of medical treatment at 9:45 a.m. ET on Friday, July 17, 2026.
Federal Court of Appeal
The Federal Court of Appeal has published an updated Consolidated Practice Direction. Amendments include changes on deadlines for filing fees, electronic signatures, informal motions, Rule 74 review of all new originating documents and consolidations. It takes effect today. The Consolidated Practice Direction was published in 2023 and previously updated in September 2024 and July 2025.
Federal Court
The Honourable Justice Diner has been appointed Chief Justice of the Federal Court. His appointment comes after Acting Chief Justice Honourable Martine St-Louis held the role since the Honourable Justice Paul Crampton retired in October 2025.
Summary Judgment/Trial
The Federal court has issued an updated practice notice addressing the procedures and substance of motions for summary judgments and summary trials, including early notice to the CMJ, suitable issues for determination, and resolution of scheduling and hearing issues. The guidance is found at paragraphs 48 to 57 of the consolidated Case and Trial Management Guidelines and is effective as of today.
New Privacy Bill
Bill C-36, “An Act to enact the Protecting Privacy and Consumer Data Act, to amend the Personal Information Protection and Electronic Documents Act and to make amendments to other Acts” was introduced today to replace the privacy provisions of PIPEDA. The new Digital Safety Commission (from Bill C-34) would replace the Privacy Commisioner for enforcement. It includes provisions directed to consent (implied/explicit), de-identification/ anonymization, “automated decision systems”, scraping email addresses, and a requirement to delete personal information upon request. Continue reading New Privacy Bill
Digital Safety
The government has introduced Bill C-34, the Safe Social Media Act, directed to “social media services” and artificial intelligence “chatbot services” and potential harms to children, as well as a “Digital Safety Commission”. Continue reading Digital Safety