Summary
December 13, 2024
Starting January 2025, Trademark owners in Canada are now subject to a new CIPO pilot project where the Registrar may issue Section 45 notices, requiring proof of use for trademarks registered over three years. Ensure your trademarks are protected by maintaining proper records of use.
August 26, 2024
Brand and trademark owners who do business in Québec need to be aware of the specific language requirements in the province.
August 8, 2024
The Federal Court of Canada has taken proactive steps to provide clear guidance on the use of AI in court proceedings.
June 5, 2024
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
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.
January 10, 2024
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 16, 2023
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.
October 17, 2023
Fed. Cir. 2022-1387, 2022-1492: In a recent decision, the Court of Appeals for the Federal Circuit cautioned patent holders against broadening amendments.
August 30, 2023
Fed. Cir. 2021-2063, 2021-2065: Sales of a product can be used to prove the inventiveness of a patent, but a US court warns that free samples are not relevant to patentability.
August 14, 2023
2023 FCA 168: In its long-awaited decision, the FCA reiterated the importance of judicial minimalism and rejected a structured analytical framework.
July 13, 2023
US Supreme Court, No. 22-148: Parodies are generally immune from trademark infringement, but how much can you spoof? Jack Daniels hounded a dog toy company for making a copycat toy.
June 1, 2023
No. 21-757 (Supreme Court May 18, 2023) The Supreme Court of the United States applied bargain theory in its long-awaited decision regarding the enablement requirement of the Patent Act.
May 11, 2023
Since 2020, the USPTO has been denying requests for post-grant validity challenges based on the controversial Fintiv rule.
May 2, 2023
Fed. Cir. No. 2021-2320, 2021-2376: Typically patent drafters omit phrases like “at least one” from patent claims to improve readability, but a recent court decision may reverse the trend.
March 22, 2023
2023 FC 115: The Court found that the omission of the third inventor was a result of inadvertence, rather than delay, and allowed the correction.
February 9, 2023
2023 FCA 4: The prefix "pro" did little to make Puma's "procat" mark distinctive over Caterpillar's CAT & Triangle Design.
January 20, 2023
CAFC No. 22-1595: In this precedential decision on induced infringement, the Federal Circuit clarified that “past conduct is relevant to what will happen in the future”.
December 22, 2022
The Court of Appeals for the Federal Circuit found that dependent claims invalidated by collateral estoppel also invalidated the parental independent claim.
November 29, 2022
2022 SCC 43: The Supreme Court of Canada handed down a decision that awards Dow Chemical $644 million—the largest monetary offering in a Canadian patent lawsuit.
October 25, 2022
2022 QCCQ 6675: Operating as "Fédération des Inventors du Québec", Varin offered to protect inventions but never filed a single patent application at CIPO.