Canadian Patent Blog: New Patent Rules

Canadian Patent Blog: New Patent Rules The new Patent Rules were recently published and the long awaited amendments to the Canadian Patent Act are scheduled to come into force on October 30, 2019.  These changes to the Patent Rules and Patent Act will substantially alter Canadian practice. A few of these changes include but are not limited to: For new filings, an English or French translation is no longer needed to obtain a filing date; however, the translation must be provided within two...

July 23, 2019
By News, Patents
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Canadian Patent and Trademarks Update: Bill C-85

On October 29th Bill C-86, purposing changes to the Patents Act and Trade-marks Act, was tabled in the House of Commons. Some of the purposed changes to the Patent Act include: Providing rights to the Governor in Council to regulate standard essential patents (patents related to technology that needs to comply with technical/industry standards) Changes to the definition of Prior Use Adding provisions for protection from infringement for experimentation, granting it is not for commercial use Some of the purposed changes to...

November 6, 2018
By News, Patents, Trademarks
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What is a Virtual In-House Corporate Patent or Trademark Agent?

A business corporation may not have the resources to hire in-house one or more corporate patent or trademark agents to meet their patent needs, but may still require the cost effective value that an in-house patent/trademark agent brings to a business' strategic plan.  In such instances a virtual in-house corporate agent can be contracted to perform this role, or to support one or more existing in-house patent and/or trademark agents as a member of the in-house team.  This is a...

February 9, 2018
By Corporations, News, Patents
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UNITY OF INVENTION AND DIVISIONAL APPLICATIONS IN CANADA

In the United States, a patent application may be filed based on an earlier filed “parent” application.  Such applications include divisional applications and continuation applications.  Continuation application and divisional applications have the same specification as the parent application but normally have different claims.  Continuation-in-part (CIP) applications are also available in the United States.  However, CIPs include subject matter not originally disclosed in the parent application.  Of these types of applications available in the United States, only divisional applications are available...

July 17, 2014
By Patents, Unity of Invention
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The Patent Bargain…Canada

In the  Supreme Court decision of Teva Canada Ltd. v. Pfizer Canada Inc. 2012 SCC 60 – Nov 8, 2012 -  (Decision varied by SCC in 2013 from pronouncement that patent is not valid to “Teva has established its allegation that Canadian Patent 2,163,446 is not valid) the validity issue of the Viagra patent turned on the patent bargain not being met. The court set out the patent bargain in recognizing:  The patent system is based on a “bargain”: the inventor...

February 9, 2014
By Patents
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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...

October 22, 2013
By News, Patents
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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...

July 15, 2013
By News, Patents
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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...

June 23, 2013
By Inventors, News, Patents
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Patents & Trademarks