Patent Strategy

May 9, 2019
abandonment

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.
April 17, 2019
PCT

PCT Filing Deadlines in Canada Soon to be Much Shorter

Shorter Deadlines for PCT Filing in Canada Coming Soon
April 16, 2019
damages

Canada Federal Court of Appeal Affirms Punitive Damages Award

2019 FCA 29 - Canada's FCA refuses to intervene in trial judge's decision with respect to punitive damages.
April 12, 2019

Patentees May Bring Motion to Stay Proceedings Before the Commissioner to the FC

2019 FC 142 - FC confirms it may stay proceedings before federal board or commissions if elements of strict test are met.
April 4, 2019

Actions Under Old PM(NOC) Regime Not Automatically Applicable To The New

2018 FC 1078 - Canada's Federal Court confirms that jurisprudence under previous PM(NOC) regime is not automatically applicable to the new.
April 3, 2019
Method of Medical Treatment Patents in Danger?

Method of Medical Treatment Patents in Danger?

Hikma Pharmaceuticals v. Vanda Pharmaceuticals, SCOTUS Docket No. 18-817 - The beginning of the end for method of treatment patents?
March 26, 2019

Patent Corrections: New Provisions Expected This Year

New patent rules to introduce new correction provisions.
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.