PCK-Reporter

December 19, 2024
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Understanding Canada’s Patent Term Adjustment Framework

Effective January 1, 2025, Canada’s Patent Term Adjustment (PTA) framework compensates patentees for unreasonable delays in patent issuance by the Patent Office. The PTA grants additional term protection, calculated based on delays beyond prescribed timelines, for applications filed on or after December 1, 2020.
November 11, 2024

European Patent Office Boards of Appeal Issues Notable Decision on Machine Learning and Patentability

A recent EPO decision on machine learning patents emphasizes the need for detailed technical disclosures, clarifying standards for inventors aiming to secure patent protection for AI innovations.
October 24, 2024
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Building on Innovation: Expanded Industrial Design Protection for Buildings and Structures in Canada

A recent shift in industrial design examination practice introduces new opportunities for architects and developers to protect their architectural designs.
October 17, 2024

Who Owns SUPER HEROES? Why Marvel and DC were Stripped of their Generic Trademarks

Marvel and DC lose ownership of 'super hero' trademarks as USPTO rules the term generic, in the public domain and not exclusive to comic giants.
October 8, 2024

Defining Goods and Services in Canadian Trademark Applications: Requirements and Tips for Applicants

Defining goods and services in Canadian trademark applications requires precision. This guide covers key requirements from the Canadian Intellectual Property Office (CIPO), including using "ordinary commercial terms" and avoiding vague language. By following CIPO’s guidelines and utilizing their Pre-Approved List, applicants can expedite examination, reduce costs, and avoid common issues with trademark applications.
September 4, 2024
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Divisional Patent Applications in Canada: An Overview

Divisional patent applications play a crucial role in patent portfolios, particularly when an application describes multiple closely related inventions.
August 26, 2024
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What Brand Owners Need to Know about Trademarks in Québec

Brand and trademark owners who do business in Québec need to be aware of the specific language requirements in the province.
August 8, 2024
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Federal Court Updates Guidance on AI Use in Legal Proceedings

The Federal Court of Canada has taken proactive steps to provide clear guidance on the use of AI in court proceedings.
June 5, 2024

Interlocutory Injunction Granted in Outdoor Apparel Trademark Dispute

2024 BCSC 3: The Supreme Court of British Columbia recently granted an interlocutory injunction in a trademark dispute between Arc'teryx Equipment and adidas Canada.
May 29, 2024
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Appeal Court Clarifies Patentability of Methods of Medical Treatment

2024 FCA 23: In Pharmascience v Janssen, the Federal Court of Appeal offers additional commentary on the patentability of methods of medical treatment in Canada.
May 13, 2024
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Ruth Abdi Awarded PCK’s 2023 Diversity Scholarship

A second-year student majoring in immunology is this year's winner of the PCK Diversity Scholarship for students in science or engineering.
January 10, 2024
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Appeal Board Weighs in on Patentability of Software Subject Matter

2023 CACP 23: Hot on the heels of the recent Benjamin Moore decision, Canada's Patent Appeal Board has considered the patentability of a computer-implemented invention.
November 27, 2023
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5 Key Steps to Optimize Your IP Strategy and Acquire Government Funding

New government programs can enhance your strategic approach to IP. Here are some recommendations on how to prepare your corporation for government funding.
November 16, 2023
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Will the Third Time Be the Charm in This Design Patent Saga?

Fed. Cir. No. 2021-2299, 2021-2338: This is the second time the Court of Appeals for the Federal Circuit has reversed a finding of infringement and sent the design patent back to lower courts.
November 14, 2023
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ElevateIP Canada: Dynamic Funding Opportunity for Intellectual Property (IP)

PCK is partnering with local innovation hub Communitech on a federally funded IP program called ElevateIP, launching on November 23, 2023.
November 8, 2023
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Maximizing the Value of Your Intellectual Property Through Federal Programs

Through the IP Assist program, SMEs can gain access to a range of resources to help enhance the value of innovations and accelerate commercialization goals.
October 19, 2023
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Subscribe to Andrew Currier’s “Unofficial” CPATA Director Update Mailing List

Andrew Currier: I received feedback from many licensees that they would like more regular updates. I am happy to do so, but my current list is outdated.
October 17, 2023
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To Claim (Broadly), or Not to Claim? The Double-Edged Sword of Patents

Fed. Cir. 2022-1387, 2022-1492: In a recent decision, the Court of Appeals for the Federal Circuit cautioned patent holders against broadening amendments.
October 10, 2023
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Patent & Trademark Agent Regulation in Canada: My Update as an Elected CPATA Director

I am now halfway into my three-year term as an Elected Director to the CPATA Board. I’d like to begin by thanking the licensees...
October 4, 2023
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Filing Patent Applications in Canada: The Untapped Key to Success

Historically, and apparently still, many companies decide to forgo filing in Canada. We believe that it is time to revisit this analysis.