Patent

March 21, 2019
CEEO

Counsel and Expert’s Eyes Only Orders Granted in Unusual Circumstances

2018 FCA 192 – FCA confirms CEEO Orders may be granted in unusual circumstances.
March 20, 2019
New Fees

New Late Fees Introduced by New Patent Rules

New patent rules, expected to come into force by the end of 2019, will introduce a new set of fixed late fees, which will apply in three specific instances.
March 19, 2019
third party

Third Party Rights Introduced with New Patent Rules

Third party rights introduced in new Patent Rules to mitigate for long periods of uncertainty when patent applications/patents are deemed abandoned.
March 12, 2019
Due care

New Patent Rules will Make Reinstatements and Reversing a Patent Expiry More Onerous

Requests for patent application reinstatements and reversing a patent expiry are about to get more onerous with the new Patent Rules.
February 20, 2019
Due care

PCT Filing Deadlines in Canada Soon to be Much Shorter

Shorter Deadlines for PCT Filing in Canada Coming Soon
January 23, 2019
Due care

SCOTUS Finds That Secret and Mere Existence of Sales May Invalidate Patents

586 U.S. ___ (2019) SCOTUS affirms CAFC's decision holding that if the existence of the sale is public, the invention does not need to be publicly disclosed to fall within the AIA’s on-sale bar.
January 10, 2019
Due care

CAFC Reviews the Effect of the Removal of a Priority Claim in Patent Application Forming Part of a Chain

Fed. Cir. 2017-1962 – CAFC confirms that removing priority claim in a patent application part of a chain of applications will impact the later filed applications.
December 18, 2018
Due care

FCA Reviews Doctrines of Claim Construction and Sufficient Disclosure

2018 FCA 172 – FCA affirms FC’s analysis on sufficient disclosure but quashes claim construction analysis.
December 13, 2018
Due care

Changes We Can Expect with The New Patent Rules

Overview of the proposed amendments to the Patent Rules, published in the Canada Gazette on December 1, 2018.
December 4, 2018
Due care

The ONSC Dismisses Apotex’s Attempt to Revive the Promise Doctrine Under the Guise of Fraud

2018 ONSC 5199 – ONSC rejects Apotex’s attempt to recast Promise Doctrine under s. 53 fraud allegations.