CIPO has issued a reminder that many fees have changed as of January 1st with most fees increasing by about 3%. They have also published a consultation in the Canada Gazette for a 25% fee increase for next January as well as expanding the definition of ‘small entity’.
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.
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. Continue reading Patent Life Cycle
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. Continue reading Closures
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].”
Also, CIPO has announced it will be joining WIPO’s DAS (Digital Access Service) for patent priority documents as of February 1, 2022.
CIPO has announced it is continuing and expanding its procedure to refer final rejections of patent applications to a single member of the PAB in certain circumstances if the rejection only relates to patentable subject matter (with some exceptions), s27(4) and the Patent Rules. CIPO is working to “increase efficiencies and reduce turnaround times” at the PAB. The 2019-2020 Annual Report identified 71 appeals to the PAB and 41 decisions issued.