Blog

November 7, 2018

US Court of Appeals for the Federal Circuit Confirms Test for Obviousness

Fed. Cir. 2017-1977 – The United States Court of Appeals for the Federal Circuit confirms the legal standard for obviousness in patent law.
November 2, 2018

Bill C-86 and Its Impact on Trademark and Patent Prosecution

Bill C-86 – The omnibus bill creates ambiguity in authorized representation before the Patent Office and the Office of the Registrar of Trade-marks.
November 1, 2018

How Canadian Trademark Law Will be Impacted by Bill C-86

Bill C-86 - an overview on its impacts on Canadian trademark law.
October 11, 2018

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
October 3, 2018

Federal Court Clarifies its Position on Protective Orders

2018 FC 956 – Federal Court confirms legal test applicable for protective orders, overturns Prothonotary's Order.
September 26, 2018

Federal Court Dismisses Motion for Early Dismissal of Action Brought Under the New PM(NOC) Regulations

2018 FC 694 – Federal Court confirms that motion for early dismissal will only be granted in the clearest of cases.
September 20, 2018

Defence of Prior Disclosure Needs Material Facts

2018 FC 689 – Federal Court confirms that material facts must be pleaded in order to succeed with defence of prior disclosure.
September 18, 2018

Brick-and-Mortar Hotel Not Necessary to Establish Use of Trademark in Association With “Hotel Services” in Canada

2018 FC 895 – Federal Court confirms that the term “services” must be interpreted liberally; confirms that brick and mortar hotel not needed in Canada to establish use of trademark.
September 18, 2018

The Scope of the Term “Services” in Association with a Trademark Revisited by the Federal Court

2018 FC 778 – Canada’s Federal Court confirms that foreign corporations do not need to have a brick-and-mortar store in Canada to establish use of their mark in association with services.
September 13, 2018

Canada’s Federal Court Orders Variation of the Records of the Patent Office to Rectify Mistake in Application

2018 FC 311 – Pursuant to section 52 of the Patent Act, the FC ordered the variation of the Patent Office Records in relation to Canadian Patent Nos. 2,614,533 and 2,919,266 to rectify a mistake in the name of the legal owner of the patents.