Tag Archives: Canadian Intellectual Property Office

Patent Term Adjustment

Proposed amendments to the Patent Rules were published in the Canada Gazette for consultation to implement patent term adjustment by January 2025. Term may be added if the issue date is more than 5 years from the filing/national entry date, or 3 years from requesting examination, whichever is later, particularly time attributable to the patent applicant. Several miscellaneous amendments are also proposed. Continue reading Patent Term Adjustment

CIPO Waiver

CIPO has issued a practice notice waiving the requirement to pay difference between the amounts paid for certain $50 small entity maintenance fees up to today and the amount actually required as increased by the Service Fee Act because of incorrect information posted by CIPO. Accompanying amendments to the Patent Rules that came into force earlier this week address situations where fees are paid incorrectly as a result of erroneous information provided by the Commissioner of Patents.

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Patentees 2023

In 2023, approximately 27,500 patents were granted by the Canadian Patent Office, the most since I’ve been tracking patent stats, and up substantially from a slow year in 2022 when only 18,125 were granted. Boeing was the top recipient of patents in Canada in 2023. The other top recipients were Halliburton Energy Services, Huawei Technologies, 10353744 Canada Ltd. and Qualcomm. See more for the top 20. Continue reading Patentees 2023

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.

 

CIPO Fee Increases

Amendments to the Patent Rules, Trademark Regulations, Industrial Design Regulations and Copyright Regulations were registered on June 1st incorporating fee increases of about 25% as well as expanding the definition of ‘small entity’. The amendments appear to be generally inline with the versions published for consultation earlier this year. Most of the amendments come into force on January 1, 2024. Continue reading CIPO Fee Increases