Patents | Craig Wilson and Company Inc.

Delays with the Canadian Patent Office Processing Correspondence

November 1, 2024 - The delays in correspondence continue. For more information please see the Intellectual Property Institute of Canada’s latest update: click here. _________ October 10, 2024 - The Canadian patent industry is experiencing delays with the Canadian Patent Office (CPO) processing correspondence at this time. We advise that CPO has been in what we consider a “black out period” of reduced capacity for almost the last 3 months as it brings online a new operating system called MyCIPO Patents. The new operating...

October 10, 2024

By RebeccaNews, Patents

Beware of Patent and Trademark Scams

It has come to our attention that there has been a recent uptake in scams targeting patent and trademark owners. Scammers are crafting fake notices to trick people into paying for unnecessary patent and trademark services. Protect your intellectual property by staying alert. How to Spot a Scam First of all, watch out for urgent notices demanding immediate action or payment. Secondly, verify the sender's identity, as scammers often use fake email addresses. Be cautious if asked for payment or personal information...

August 7, 2024

By MediaNews, Patents, Trademarks

IP Decisions: Canada (Attorney General) v. Benjamin Moore & Co. (2023 CAF 168)

Federal Court of Appeal Overturns Federal Court’s Test for Patentable Subject Matter of Computer-Implemented Inventions

In a recent Canadian decision, the Federal Court of Appeal (FCA) rejected the Federal Court’s (FC) attempt to provide a general test for determining the patentable subject matter of computer-implemented inventions. Specifically, the FCA found that the FC erred in imposing a test that was not based on any binding authority. The FCA remitted the patent applications at issue to the Commissioner of Patents (CP) for redetermination of patentability to be carried out on an expedited basis, in light of...

August 14, 2023

By MediaDecisions, News, Patents

Important Updates on Canadian Intellectual Property Regulations

This is to advise of some significant changes to the Canadian Intellectual Property regulations. These regulations pertain to the Patent Rules, Trademark Regulations, Industrial Design Regulations, and Copyright Regulations. Amendments to these Rules were registered on June 1st. They incorporate government fee increases of approximately 25%, as well as an expansion of the definition of 'small entity'. Most of the amendments will come into force on January 1, 2024. CIPO's Fee Schedule The major change is that the Canadian Intellectual Property Office (CIPO)...

June 13, 2023

By MediaIndustrial Designs, News, Patents, Trademarks

Canadian Patent Term Extension: A First Overview

The patent landscape in Canada is expected to undergo significant changes in the near future with the introduction of a new patent term extension provision. The new provision, which is set to come into effect on January 1, 2025 or by order in council, will grant additional term for a patent if certain criteria are met. As per the provisions of the new patent term extension, the Commissioner of Patents will grant an additional term for a patent if the patent...

May 1, 2023

By MediaPatents

2022 FC 923: Benjamin Moore and Co. v. Attorney General of Canada

Benjamin Moore & Co. appealed the decisions made by the Commissioner of Patents on CA 2,695,130 & CA 2,695,146 that the claims for these applications do not comprise patentable subject matter, under section 2 of the Patent Act, as the Commissioner determined the essential elements of each invention constituted a mere abstract theorem. The Commissioner erred by applying the wrong test for claim construction and patentable subject matter. She did not use the purposive construction approach to determine whether the actual...

July 29, 2022

By MediaNews, Patents

Amendments to the Canadian Patent Rules to Introduce Excess Claims Fees and Requests for Continued Prosecution (RCEs) Coming into Force October 3, 2022

Amendments to the Canadian Patent Rules to Introduce Excess Claim Fees and Request for Continued Examination (RCEs) Coming into Force October 3, 2022 Amendments to the Canadian Patent Rules were registered on June 2, 2022. Amendments relating to sequence listings come into force on July 1, 2022 while all other rule changes come into force on October 3, 2022. These Rule Amendments have been published in the Canadian Gazette, Part II, Volume 156, Number 13 on June 22, 2022. The Rule...

June 10, 2022

By Tanner HukezalieNews, Patents

COVID 19 Update

COVID 19 Update In view of COVID 19, the Canadian Intellectual Property Office [Patent Office, Trademark Office, & Industrial Design Office] has again extended due dates until July 20th, 2020 for all matters before CIPO that have a deadline to take action for the period beginning March 16, 2020 and currently ending July 17, 2020. However, like CIPO, we are recommending that all deadlines falling within this period be continued to be met, where possible, so as to maintain as normal...

July 6, 2020

By MediaNews, Patents, Trademarks

CUSMA (NFTA-2) comes into force July 1st 2020!

CUSMA (NFTA-2) comes into force July 1st 2020! CUSMA, the Canadian, United States and Mexico Agreement (NFTA-2) comes into force tomorrow, July 1st, 2020! Many IP obligations under CUSMA have been ratified through the new Patent Act, Industrial Design Act and Trademarks Act. More changes that will be made through legislative amendments are, for instance:       “collective marks” protection       Patent term adjustment due to unreasonable delay in the issuance of a patent       Increase in copyright protection       Strengthened the protection of trade secrets For more information please see: https://www.international.gc.ca/trade-commerce/trade-agreements-accords-commerciaux/agr-acc/cusma-aceum/text-texte/toc-tdm.aspx?lang=eng Published by Mr. Peng Li –...

June 30, 2020

By MediaNews, Patents

COVID 19 Update

COVID 19 Update In view of COVID 19, the Canadian Intellectual Property Office [Patent Office, Trademark Office, & Industrial Design Office] is extending due dates until May 1, 2020 for all matters before CIPO that have a deadline to take action for the period beginning March 16, 2020 and currently ending April 30, 2020. However, like CIPO, we are recommending that all deadlines falling within this period be continued to be met, where possible, so as to maintain as normal a...

March 30, 2020

By MediaNews, Patents, Trademarks

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info@wilsonpatents.com

Delays with the Canadian Patent Office Processing Correspondence

Beware of Patent and Trademark Scams

Federal Court of Appeal Overturns Federal Court’s Test for Patentable Subject Matter of Computer-Implemented Inventions

Important Updates on Canadian Intellectual Property Regulations

Canadian Patent Term Extension: A First Overview

2022 FC 923: Benjamin Moore and Co. v. Attorney General of Canada

Amendments to the Canadian Patent Rules to Introduce Excess Claims Fees and Requests for Continued Prosecution (RCEs) Coming into Force October 3, 2022

COVID 19 Update

CUSMA (NFTA-2) comes into force July 1st 2020!

COVID 19 Update