The various amendments relating to the Patented Medicines Prices Review Board mentioned in my update earlier this week have now been published in the Canada Gazette Part 2.
Various amendments relating to the Patented Medicines Prices Review Board are to come into force on June 30, 2021 including amendments to sections 79 to 103 of the Patent Act. In addition there are some changes being made for consistency with the Patent Act and to encompass CSPs. This is in addition to the amended Patented Medicines Regulations expanding reporting requirements are scheduled to come into force July 1, 2021 after being delayed several times. Continue reading PMPRB
The Federal Court of Appeal, in a new Practice Notice “Electronic Service of Documents for the duration of the Suspension Period”, makes electronic service by email permissible in all cases and requires email addresses be added to all documents filed with the Federal Court of Appeal, with limited exceptions, while the, now indefinite, Suspension Period is in effect.
The Federal Court has published revised consolidated intellectual property guidance for case management and trial management. The Court has included a blackline version which indicates that changes include limiting “second round” discovery, use of claim charts, compendia and slide decks at trial and requests to admit.
Proposed amendments to the Patented Medicines (Notice of Compliance) Regulations have been published for consultation in the Canada Gazette to expand the definition of a “claim for medicinial ingredient” to include salts so that “the scope of protection under the Regulations corresponds to the type of activities contemplated under the proposed amendments to the [Food and Drug Regulations]”. Continue reading PM(NOC)
CIPO has published proposed changes to the examination procedure for industrial designs which would send final rejections to “a subject matter expert from the policy and legislation group of the Trademarks and Industrial Designs Branch (TIDB) rather than to the Patent Appeal Board.” Continue reading Industrial Designs
Proposed amendments to the Federal Courts Rules were published in the Canada Gazette for consultation for 60 days. The amendments are in three parts: enforcement of orders, limited scope representation, and proportionality/abuse of process and FCA motions. Among the changes, Rule 3 would be amended to “These Rules shall be interpreted and applied (a) so as to secure the just, most expeditious and least expensive
determination of every proceeding on its merits outcome of every proceeding; and (b) with consideration being given to the principle of proportionality, including consideration of the proceeding’s complexity, the importance of the issues involved and the amount in dispute.” Continue reading Federal Courts
Implementing regulations for the new College of Patent Agents and Trademark Agents are published in the Canada Gazette for a 30 day consultation. The regulations and transition provisions would provide for the transfer of responsibility for agents, including entrance examinations and conduct, to the new college. The regulations would establish an Investigations Committee and the Discipline Committee with a majority of public members, impose a residency requirement on agents, and replace ‘firm’ agents with the option to appointment of all the patent agents at the same firm.
The Federal Court issued two Practice Notices today: