The Patent Appeal Board has issued its final decision on the redetermination following the Federal Court’s decision in Dusome v. Canada (Attorney General), 2025 FC 1809. The PAB concluded that the claims were not directed to patentable subject-matter. Continue reading Patentable Subject Matter
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Appointments
Justice Nicholas McHaffie, a Judge of the Federal Court, was appointed a Judge of the Federal Court of Appeal. An appointment was also made today in Quebec. Continue reading Appointments
Patents
The Canadian Intellectual Property Office (CIPO) launched the Key Technology Expedited Program (KTEP), replacing the earlier program expediting pandemic-related inventions with a new pilot relating to Canada’s “critical minerals supply chain, including technologies used to process, extract or refine minerals on Canada’s critical minerals list.” CIPO also summarized the consultation feedback it received on its accelerated patent examination programs. Continue reading Patents
Pre-grant Compensation
In my latest column for Slaw on patent publication dates, I discuss how the publication date for patent applications can be later than the typical 18-months secrecy period due to processing delays at the patent office. I have found regularly filed patent applications with publication dates more than 2.5 years from the priority date. For regularly patent applications published in 2025, the average secrecy period was about 23 months according to my analysis.
Patentable Subject Matter
In its decision released today in Pharmascience Inc. v. Janssen Inc., 2026 SCC 26, a majority of the Supreme Court of Canada upheld the lower court decisions finding that methods of medical treatment are unpatentable subject matter but the dosage regime at issue patentable. Continue reading Patentable Subject Matter
Geographic Indicators
The government announced a public engagement on “how to strengthen and modernize Canada’s geographical indications regime under the Trademarks Act.” A focus is on Indigenous engagement and potential additional categories, such as traditional crafts and industrial products. The engagement extends from May 28 to August 27, 2026 Continue reading Geographic Indicators
Patentable Subject Matter
CIPO has issued its preliminary determination on the Dusome remand following the Federal Court’s decision in Dusome v. Canada (Attorney General), 2025 FC 1809. My colleague Richard Mar has the following summary and context.
Appointments
François Joyal, Senior General Counsel at the Department of Justice Canada in Montréal, was appointed a Judge of the Federal Court. Appointments were also made today in Alberta and Ontario. Continue reading Appointments
IP Consultation
The government has opened a public consultation on 1) client-agent privilege; 2) unauthorized practice before CIPO; 3) clarity of patent ownership information; and 4) requirements of patent demand letters. The consultation is open until April 24th.
Federal Courts Rules
Amendments to the Federal Courts Rules, primarily to update the Tariff B regime for cost awards, are coming into force later this month. The amendments introduce a new Tariff B that has three columns, more litigation steps and more units. The Rules Committee estimates it will increase cost awards by about 25% “thereby aligning the tariff more closely with the amounts typically awarded under the ‘lump sum’ approach” and provide a “more consistent and predictable regime.” The changes also replace remaining references to “Prothonotary” with “Associate Judge”. Continue reading Federal Courts Rules