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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.

CIPO

CIPO has announced that maintenance activities will make several online applications inaccessible for portions of Sunday October 2nd and Monday October 3rd including the General Correspondence application for patents, National Entry Request (NER) Online Solution, Patent Maintenance Fee Electronic Service, Patent E-filing, Industrial Design General Correspondence  and Copyright General Correspondence. Patent Rule amendments come into force on October 3rd, including excess claim fees and requests for continued examination, that apply to applications where the request for examination is filed on or after October 3rd.

IPIC AGM

I will be attending the IPIC conference on September 28-30 and speaking on a panel about IP rights for an AI inventor/creator. Let me know if you are attending as it would be great to connect and reconnect in-person. …Read More

Patent Life Cycle

I tracked the 42,000 or so patent applications in Canada with a 2001 filing date which all expired by the end of 2021. Only about 17% were still enforceable at expiry but about 30% were in force at the 10 year mark. Overall, about 43% of the original applications (about 18,000) were granted and 118 were litigated in the Federal Court. …Read More

Closures

The Federal Court and CIPO will be closed on Monday, September 19 for Her Late Majesty’s State Funeral. Both the Federal Court and CIPO will also be closed on September 30 for National Day for Truth and Reconciliation. …Read More

Patentable Subject Matter

As reported yesterday, the government/CIPO has appealed the decision of Benjamin Moore v. AGC, 2022 FC 923 regarding the proper test to determine whether a patent application is directed to computer-implemented patentable subject matter. The Notice of Appeal (pdf) states in part, “The Judge erred by ordering the Commissioner to apply the New Test because it contradicts binding jurisprudence of the Federal Court of Appeal in [Amazon] and [Schlumberger].”

Canadian Intellectual Property