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.
Justice Shirzad Ahmed was appointed to the Federal Court on Friday. In other appointments, Justice Ian Nordheimer was elevated to the Ontario Court of Appeal and Justice Barbara Fisher elevated to the BC Court of Appeal.
The final regulations for implementing CETA in Canada were published today in a special edition of the Canada Gazette. As compared to the proposed regulations published earlier this summer, the final versions the IP related regulations are very similar, with no changes to the Regulations Amending the Patented Medicines (Notice of Compliance) Regulations, 2017, two changes to the Certificate of Supplementary Protection Regulations and no changes to Rules Amending the Patent Rules. As reported yesterday, the changes come into force September 21, 2017. Continue reading CETA
A series of Orders in Council dated last week but published today confirm that most of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act will come into force September 21, 2017. This includes expanded geographic indicators, certificates of supplementary protection and changes to the PM(NOC) Regulations.
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.
Continue reading Informal Requests
The government has announced consultations on reforms to the Copyright Board. A discussion paper accompanying the consultation identifies 13 possible options for legislative and regulatory reforms for the Copyright Board to address timely decision making. The consultation is open until September 29. Continue reading Copyright Board
Proposed substantive amendments to the Patent Rules have been published for consultation. Among other things, the amendments overhaul filing requirements, the timing of responses to CIPO notices and the abandonment procedures and are directed to implementing the Patent Law Treaty.
In 2016, approximately 26,400 patents were granted by the Canadian Patent Office, up significantly from the approximately 21,900 granted in 2015. BlackBerry was again the top recipient of patents, with over twice the patents obtained as any other applicant. The remaining applicants in the top-five were The Boeing Company, Halliburton Energy Services, Qualcomm and Schlumberger Canada. Continue reading Top Patentees 2016
The number of patent applications published in 2016 or that entered national phase in Canada in 2016 were up slightly over 2015 at about 34,400 application. Smart & Biggar, Gowlings and Norton Rose Fulbright Canada top the list of firms by volume of applications. Continue reading Patent Volume in 2016
Proposed amendments to overhaul the patent linkage regime and add certificates of supplementary protection were published today in the Canada Gazette, Part 1. Amendments to the Patented Medicines (Notice of Compliance) Regulations will replace the current summary procedures with full actions including rights of appeal. New Certificate of Supplementary Regulations are proposed to provide for up to two years of additional exclusivity based on the time to obtain a notice of compliance for a drug containing a new medicinal ingredient or combination of medicinal ingredients. A number of other proposed regulatory amendments relating to CETA were also published. There is a 15-day consultation period.