Tag Archives: Patents

Happy World IP Day

A number of interesting announcements on World IP Day. The focus of the international focus on IP was on Powering change: Women in innovation and creativity. In Canada, the government announced a National IP Strategy having a number of components including $85.3 million over five years to help Canadian businesses, creators, entrepreneurs and innovators understand, protect and access IP. Announced for IP tools, was more efficient dispute resolution and tariff setting at the Federal Court (more judges) and Copyright Board through more funding, formation of a patent collective, improvements to IP used in standards-setting processes, and an IP-specific marketplace. Announced legislative changes include:

  • establishing minimum requirements for patent demand letters;
  • excluding settlement demands from the copyright Notice and Notice regime;
  • Requiring ‘use’ of a trademark to enforce it within the first three years;
  • affirming the patent research exemption;
  • clarifying the role of standard essential patents;
  • allowing continued use of IP by licensees in liquidation proceedings; and
  • creating a College of Patent and Trademark Agents to regulate agents.

In Europe, the UK announced today that it had ratified the Unified Patent Court (UPC) Agreement.

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IPRs

The United States Supreme Court issued its decision in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC (link), where a majority found that the USPTO’s inter partes reviews (IPRs) were constitutional. In the proceeding, the petitioner had argued that actions to revoke a patent must be tried in an Article III court before a jury, rather than through an administrative procedure.

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PMPRB

Proposed “Regulations Amending the Patented Medicines Regulations” have been published in the Canada Gazette for a 75 day consultation. According to the Regulatory Impact Analysis Statement, “This proposal would amend the Patented Medicines Regulations (“Regulations”) so that the PMPRB’s regulatory framework includes new price regulatory factors and patentee price information reporting requirements that will help the PMPRB to protect Canadian consumers from excessive prices.”

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CETA

Changes to the Patent Act, Patent Rules, Patented Medicines (Notice of Compliance) Regulations and the Trade-marks Act, and new Certificate of Supplemental Protection Regulations come into force on September 21, 2017 as part of Canada’s implementation of CETA. Today, Health Canada released guidance documents on applying for Certificates of Supplementary Protection and on Health Canada’s administration of the PM(NOC) Regulations.

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