Bill C-31 as it relates to the Trademarks Act

The Good...  The Bad...  and The Ugly The Good... While there are several good amendments made by the Bill to the Trademarks Act,  one significant positive change is the broader definition given to a trademark.  The amended definition of a trademark is for a sign or combination of signs which include a word, a personal name, a design, a letter, a numeral, a colour, a figurative element, a three-dimensional shape, a hologram, a moving image, a mode of packaging goods, a sound,...

Canadian Patent Litigation Costs

Costs play an important role for business when making decisions to file and prosecute patent applications through to the grant of patents.  These costs can run into the 10’s of thousands of dollars for protection in one or more countries.  But the cost of obtaining protection sometimes pales in comparison to the cost of patent litigation. In the Federal Court of Canada supplemental reasons for judgment between ABB Technology AG and Hyundai Heavy Industries Co., Ltd. (2013 FC 1050 - October...

Canadian Patent Agent Exams 2012

The Canadian Patent Agent Exams are very challenging to pass in one or more sittings.  The Exams are written once a year, usually in April and comprise four, four hour exams, written in four consecutive days.  The first paper requires evaluation of an invention, prior art and the drafting of a complete patent application (all in 4 hours).  The other three papers have a major question each relating one of an infringement opinion, a validity opinion and a response to...

Ray’s Favorite Inventor

The First Inventor to Receive a Patent? Filippo Brunelleschi - 1377-1446 - trained as a goldsmith in Florence, is principally known for his eventual work as a structural engineer and architect. At the end of the 13th century a decision was made by the governing body of Florence to construct a new cathedral – Santa Maria del Fiore. Construction commenced in the mid 1300s after instructions to the architect to incorporate a great octagon to support a dome. By the early...