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.
As posted earlier this month, amendments to the Patent, Trademark and Industrial Design regulations coming into force on January 1, 2024 will adjust most fees by 25%. The amendments were published in today’s Canada Gazette.
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→
Earlier this year, four “Old Act” patents were granted, the first time such patents have been granted since 2014. These recently granted patents have priority dates between 1978 and 1981 so have been in prosecution for over 40 years. Continue reading Old Act→
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].”
Canadian Intellectual Property
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