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
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Appointments
Yesterday, Michael Battista, Founding Counsel at Battista Migration Law Group in Toronto, was appointed a Judge of the Federal Court and Catharine Moore, Senior General Counsel at the Department of Justice Canada in Ottawa, was appointed an associate judge of the Federal Court. Appointments were also made to the courts of Ontario, Quebec, Saskatchewan, and the Tax Court.
Book
There is a new book, “The Regulation of Drugs in Canada“, discussing the Food and Drugs Act, including sections on intellectual property and the Patented Medicines (Notice of Compliance) Regulations from authors currently with Health Canada Legal Services of the DOJ. Continue reading Book
CIPO Waiver
As mentioned last week, CIPO waived underpayments on $50 small entity fees which should have been increased under the Service Fee Act. Corresponding Rules Amending the Patent Rules amend s3 and add s139.1 to allow the Commissioner to waive payments of fee differences in certain circumstances, are now available.
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.
AI Inventors
The USPTO has issued guidance on “AI-assisted inventions”. The “Inventorship Guidance for AI-Assisted Inventions” states that, “a natural person must have significantly contributed to each claim in a patent application or patent”. Continue reading AI Inventors
Appointments
Julie L. Blackhawk, General Counsel at the Department of Justice Canada in Ottawa, was appointed a Judge of the Federal Court. Angus G. Grant, Assistant Deputy Chairperson at the Immigration and Refugee Board of Canada in Toronto, was appointed a Judge of the Federal Court. Continue reading Appointments
Appointments
Allyson Whyte Nowak, Senior Partner at Norton Rose Fulbright Canada LLP in Toronto was appointed a Judge of the Federal Court. The Honourable Elizabeth Walker and The Honourable Vanessa Rochester, judges of the Federal Court, were appointed judges of the Federal Court of Appeal. Appointments were also made today in Ontario. Continue reading Appointments
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
Happy New Year
Thank you for another year with IPPractice! Looking back at 2023, I sent out about 490,000 emails to over 2200 subscribers. I included reports on about 150 IP-related court decisions and over 300 new IP proceedings. My most popular post was about the CIPO fee increases that came into force yesterday, January 1, 2024.