Blog

November 23, 2018

PAB Rejects Application: Ambiguous and Indefinite Claims are Unpatentable

PAB 1453 – The Patent Appeal Board found that Canadian Patent Application No. 2,612,950 for a “system and method for generating real-time indicators in a trading list or portfolio” was obvious, the claims did not define statutory subject matter and were indefinite.
November 20, 2018

USMCA, the new NAFTA: what changes we can expect in Canadian IP Law

USMCA – On September 31, 2018, Canada reached a new agreement with the USA and Mexico – here is an overview.
November 15, 2018

Canada Will Have New Trademark Law Effective June 17, 2019

Changes coming to Canadian trademark law and the requirement to show use of trademark before registration.
November 13, 2018

Federal Court Confirms That Use of a Trademark Variant May Demonstrate Use of a Trademark

2018 FC 855 – Federal Court confirms licensee’s use of trademark variant constituted use of registered trademark.
November 7, 2018

US Court of Appeals for the Federal Circuit Confirms Test for Obviousness

Fed. Cir. 2017-1977 – The United States Court of Appeals for the Federal Circuit confirms the legal standard for obviousness in patent law.
November 2, 2018

Bill C-86 and Its Impact on Trademark and Patent Prosecution

Bill C-86 – The omnibus bill creates ambiguity in authorized representation before the Patent Office and the Office of the Registrar of Trade-marks.
November 1, 2018

How Canadian Trademark Law Will be Impacted by Bill C-86

Bill C-86 - an overview on its impacts on Canadian trademark law.
October 11, 2018

What Pharma Patentees Need to Know About Canada’s CSP Regime

Canada’s Certificate of Supplementary Protection Regime – an overview a year into its introduction
October 3, 2018

Federal Court Clarifies its Position on Protective Orders

2018 FC 956 – Federal Court confirms legal test applicable for protective orders, overturns Prothonotary's Order.
September 26, 2018

Federal Court Dismisses Motion for Early Dismissal of Action Brought Under the New PM(NOC) Regulations

2018 FC 694 – Federal Court confirms that motion for early dismissal will only be granted in the clearest of cases.
September 20, 2018

Defence of Prior Disclosure Needs Material Facts

2018 FC 689 – Federal Court confirms that material facts must be pleaded in order to succeed with defence of prior disclosure.
September 18, 2018

Brick-and-Mortar Hotel Not Necessary to Establish Use of Trademark in Association With “Hotel Services” in Canada

2018 FC 895 – Federal Court confirms that the term “services” must be interpreted liberally; confirms that brick and mortar hotel not needed in Canada to establish use of trademark.
September 18, 2018

The Scope of the Term “Services” in Association with a Trademark Revisited by the Federal Court

2018 FC 778 – Canada’s Federal Court confirms that foreign corporations do not need to have a brick-and-mortar store in Canada to establish use of their mark in association with services.
September 13, 2018

Canada’s Federal Court Orders Variation of the Records of the Patent Office to Rectify Mistake in Application

2018 FC 311 – Pursuant to section 52 of the Patent Act, the FC ordered the variation of the Patent Office Records in relation to Canadian Patent Nos. 2,614,533 and 2,919,266 to rectify a mistake in the name of the legal owner of the patents.
September 11, 2018

Federal Court Allows New Evidence Pursuant to Section 56 of Trade-marks Act, Allows Appeal

2018 FC 853 - The Federal Court allowed Swatch AG’s appeal of a decision of the Registrar of Trade-marks allowing Hudson Watch Inc’s opposition to Swatch’s registration of its “iSWATCH” mark.
August 28, 2018

Law Firm Removed on Patent Infringement Action Due to Conflict of Interest

2017 FC 874 - Aitken Klee disqualified from representing Betser-Zelevitch because one of its partners had acted for Nexen in the same action, while at another law firm.
August 14, 2018
Canadian Patent Law Textbook by Perry and Currier. Third Edition

Canadian Patent Law, 3rd Edition Book Launch

PCK IP is pleased to announce the launch of Canadian Patent Law, 3rd Edition.
July 24, 2018

FCA Affirms Patent Application is “Dead” Following Failure to Respond to Requisition

2018 FCA 36 - The Federal Court of Appeal upheld the Federal Court decision dismissing the application from the Governors of the University of Alberta and Alberta Health Services for judicial review of the Commissioner’s decisions refusing reinstatement of a patent application.
July 10, 2018

Federal Court of Appeal Provides Further Guidance on Obviousness

2017 FCA 225 - Federal Court of Appeal upheld the trial level decision invalidating Ciba's Canadian patent for obviousness, and elaborated on the obviousness inquiry, endorsing an approach that focuses on construing the claims rather than identifying the inventive concept.
June 27, 2018
accounting

Defendants Are Not Entitled to Elect Accounting of Profits

2018 FCA 32 - The FCA dismissed Apotex’s appeal challenging the remedial decision, regarding Bayer's Canadian Patent No. 2,382,426, holding that subsection 57(1) of the Patent Act did not grant a defendant in a patent infringement suit the right to choose an accounting of profits over damages to be paid to the patentee.