Patent Strategy

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.
October 11, 2018
Due care

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
August 14, 2018
3rd edition

Canadian Patent Law, 3rd Edition Book Launch

PCK IP is pleased to announce the launch of Canadian Patent Law, 3rd Edition.
May 8, 2018
Due care

ONSC Educates an Inventor on the Difference Between Obtaining a Patent and Maintaining a Trade Secret

2017 ONSC 7276 - The ONSC found that Rowland's statement of claim did not disclose a reasonable cause of action with regard to the allegation that his "trade secret" was stolen.
January 16, 2018
Due care

Federal Court Rejects Apotex’s Judicial Review Application for Apo-Omeprazole Magnesium Tablets

2017 FC 857 - The Federal Court upheld the Minister of Health’s decision to cancel reconsideration for Apo-Omeprazole Magnesium Tablets manufactured by Apotex Inc. This is yet another failed attempt by Apotex to obtain approval for the magnesium tablet form of its anti-ulcer drug.
September 5, 2017
Due care

Canada’s Federal Court Confirms it has Exclusive Jurisdiction to Amend an Issued Patent

2016 FC 229 - The FC heard and granted an uncontested application by Novartis, pursuant to sections 31(3) and 52 of the Patent Act, to vary all entries in the records of the Patent Office with regards to the inventorship of a Canadian Patent.