Procedure

April 18, 2019
Interview

No More “Phone Tag” at the USPTO

USPTO introduces Automated Interview Requests; a new web-based tool that allows Applicants to schedule an interview with an Examiner for their pending patent application.
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 5, 2019
filing

Canadian Patent Filing Requirements About To Change

Filing requirements are about to change with the new Canadian Patent Rules, expected to come into force in 2019.
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.
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.
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.
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