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Daily Intellectual Property News

Daily intellectual property news delivered to your email inbox. Over 1200 IP professionals, including lawyers in private practice, in-house counsel, law clerks and lawyers at government agencies use this daily email to keep up to date on intellectual property law developments.

Sign up to receive daily updates on intellectual property in Canada, including new IP decisions, new actions, daily activity on files you are interested in, new Patent Appeal Board decisions, new TMOB decisions, etc. Existing subscribers can manage their subscriptions to receive some or all of these alerts depending on their interest. Highlights are also available on the IPPractice.ca blog. If you are interested, you can view a sample email or subscribe. Current subscribers can modify their subscription preferences.

Patent Retriever

You can use the patent retriever to receive PDF copies by email of most patent and published patent applications from around the world, including Canadian and from the United States. You can also obtain Canadian Patent Appeal Board decisions, United States re-issue patents and United States design patents.

Federal Court docket browser

Browse the recorded entries for Canada’s Federal Court and Federal Court of Appeal. While some of this information is available directly from the Courts’ websites, this browser includes links to related proceedings, reported decisions, and links to the intellectual property at issue.

Federal Court and Federal Court of Appeal hearings

A list of intellectual property hearings this week in the Federal Court and the Federal Court of Appeal, as well as all scheduled intellectual property trials, judicial reviews (including PM(NOC) hearings), and appeals to the Federal Court of Appeal.

Patent and Trademark Statistics

Various statistics on patents and trademarks in Canada, including rankings of agents in Canada by volume of applications, and old act patents.

Litigation Statistics

Investigate litigation before the Federal Court and Federal Court of Appeal, including lists of all intellectual properties actions in the courts and the status of the actions.

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. …Read More

Appointments

Negar Azmudeh, Assistant Deputy Chairperson at the Immigration and Refugee Board of Canada was appointed a Judge of the Federal Court. Appointments were also made yesterday to the courts in Ontario, British Columbia, Alberta, Saskatchewan, Manitoba, Newfoundland & Labrador, Nunavut.

Due Care

CIPO has shared a “Due Care Observations” notice that says that many requests for reinstatement on the basis of due care i) do not address the ‘relevant point in time’, ii) refer to ‘unintentionality’ rather than ‘due care’, iii) do not address that ‘all authorized persons must show due care’, and iv) ‘lack information’ on what actions were taken to avoid a failure. The observations also address the situation where an agent remains of record but an annuity service is paying maintenance fees.

PTA

CIPO has an announced a consultation on the determination of additional term if a patent was issued after a threshold date unless, after accounting for days to be subtracted, the net number of relevant days prior to issuance falls below the threshold outlined in the Act. The consultation also considers extension of time for requesting examination, suspension of examination during late payment of maintenance fees and requesting priority and early publication on the same day. The consultation period is open until September 8.

Canadian Intellectual Property