The Federal Court of Appeal has issued another Practice Notice updating its COVID-19 related suspension periods including for files that were suspended in April (see earlier post) now that the “public health situation has now improved sufficiently”.
The new College of Patent Agents and Trademark Agents is coming into force on June 28, 2021. The College will regulate patent and trademark agents, including the exams, maintenance of the register of agents and disciplinary matters. Continue reading College
The various amendments relating to the Patented Medicines Prices Review Board mentioned in my update earlier this week have now been published in the Canada Gazette Part 2.
Various amendments relating to the Patented Medicines Prices Review Board are to come into force on June 30, 2021 including amendments to sections 79 to 103 of the Patent Act. In addition there are some changes being made for consistency with the Patent Act and to encompass CSPs. This is in addition to the amended Patented Medicines Regulations expanding reporting requirements are scheduled to come into force July 1, 2021 after being delayed several times. Continue reading PMPRB
The Federal Court of Appeal, in a new Practice Notice “Electronic Service of Documents for the duration of the Suspension Period”, makes electronic service by email permissible in all cases and requires email addresses be added to all documents filed with the Federal Court of Appeal, with limited exceptions, while the, now indefinite, Suspension Period is in effect.
The Federal Court has published revised consolidated intellectual property guidance for case management and trial management. The Court has included a blackline version which indicates that changes include limiting “second round” discovery, use of claim charts, compendia and slide decks at trial and requests to admit.
This year’s CBA annual IP event is going virtual on May 20, 27 and 31 with events on diversity and inclusion, substantive presentations, town halls by CIPO, the Federal Court and Copyright Board and a virtual Judges’ Dinner recognizing The Right Honourable Beverley McLachlin. There is still time to register. See you there!
CIPO has published two practice notices directed to the backlog of trademarks awaiting examination:
- Requests for expedited examination – “effective immediately the Office will begin accepting requests for expedited examination of trademark applications” on the basis of court proceedings, combating counterfeit products, protect marks on online marketplaces, or to preserve claims of priority.
- Measures to improve timeliness in examination – the Office will prioritize applications with statements of goods or services selected from the pre-approved list, issue fewer examination reports prior to refusal, and will provide fewer examples of goods or services that would be acceptable in reports.
Proposed amendments to the Patented Medicines (Notice of Compliance) Regulations have been published for consultation in the Canada Gazette to expand the definition of a “claim for medicinial ingredient” to include salts so that “the scope of protection under the Regulations corresponds to the type of activities contemplated under the proposed amendments to the [Food and Drug Regulations]”. Continue reading PM(NOC)