The Federal Court issued a Notice to the Parties and the Profession “The Use of Artificial Intelligence in Court Proceedings” indicating that it expects parties to declare if they have used generative AI to create documents filed with the court. A companion “Interim Principles and Guidelines on the Court’s Use of Artificial Intelligence” introduces the court’s principles relating to AI including a statement that “The Court will not use AI, and more specifically automated decision-making tools, in making its judgments and orders, without first engaging in public consultation.”
Tag Archives: Practice Notice
Trademarks
One new and one amended trademark practice notice were published today. A new notice clarifies the practice before CIPO as an Office of Origin when the Registrar of Trademarks is unable to certify an application for international registration (AIR) under the Madrid Protocol or one is withdrawn. An updated notice is directed to exclusionary wording in statements of goods or services.
Trademark Backlog
CIPO has published two practice notices directed to the backlog of trademarks awaiting examination:
- Requests for expedited examination – “effective immediately the Office will begin accepting requests for expedited examination of trademark applications” on the basis of court proceedings, combating counterfeit products, protect marks on online marketplaces, or to preserve claims of priority.
- Measures to improve timeliness in examination – the Office will prioritize applications with statements of goods or services selected from the pre-approved list, issue fewer examination reports prior to refusal, and will provide fewer examples of goods or services that would be acceptable in reports.
COVID
CIPO has published a Practice Notice regarding the handling of designated days between March and August for patents and patent applications, particularly maintenance fees and deemed abandonments.
Patentable Subject Matter
CIPO has published practice guidance on patentable subject matter following the recent decision in Choueifaty as well as some examples for computer-implemented, medical diagnostic and medical use inventions. CIPO indicated that updates to MOPOP are coming later and will be subject to consultation.
Informal Requests
The Federal Court issued a Practice Notice today regarding informal requests for interlocutory requests such as extensions or abridgement of time, leave to amend pleadings or the style of cause, bifurcation, and other procedural matters on consent. The Notice sets out the requirements for such requests by way of letters, in place of formal motion records.
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