Blog

March 26, 2019
Pencil eraser on a piece of paper

Patent Corrections: New Provisions Expected This Year

New patent rules to introduce new correction provisions.
March 21, 2019
Wax seal on an envelope that reads "Top Secret"

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
Photograph of the calculator app on an iPhone

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
Photograph of a printed circuit board.

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
Photograph looking up at two towering skyscrapers

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 28, 2019
Ontario flag pictured against a blue sky

Official Mark Status Not a Defence in Trademark Infringement Action

2018 FC 971 – FC confirms that government marks are subject to infringement actions
February 27, 2019
Alan Feeney

PCK IP’s Alan Feeney to Speak at Bryant University’s International Professional Series

PCK IP's Alan Feeney to present on Intellectual Property Rights at Bryant University's John H. Chafee Center for International Business
February 20, 2019
Black smartwatch showing the time

PCT Filing Deadlines in Canada Soon to be Much Shorter

Shorter Deadlines for PCT Filing in Canada Coming Soon
February 14, 2019
Headshot of Stephen Perry, a registered US and Canadian patent agent

Stephen Perry of PCK named as Top Patent Agent by Who’s Who Legal Thought Leaders, Global Elite 2019

PCK IP's Stephen Perry is recognized as top patent agent by Who’s Who Legal Global Elite.
February 7, 2019
T. Andrew Currier

Who’s Who Legal Canada: 2018, Patent Practitioners

PCK IP’s Andrew Currier is recognized by Who’s Who Legal Canada.
February 4, 2019
Headshot of Stephen Perry, a registered US and Canadian patent agent

Who’s Who Legal: Canada 2018

PCK IP's Stephen Perry is recognized by Who’s Who Legal Canada.
January 23, 2019

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.
January 11, 2019

Practical Strategies for Canadian Trademark Applicants from Now until June 17, 2019 when Canada’s new Trademark Law Takes Effect

Strategies for Trademark Applicants from now until the new Trademark Law takes effect in June 2019
January 10, 2019

CAFC Reviews the Effect of the Removal of a Priority Claim in Patent Application Forming Part of a Chain

Fed. Cir. 2017-1962 – CAFC confirms that removing priority claim in a patent application part of a chain of applications will impact the later filed applications.
December 18, 2018

FCA Reviews Doctrines of Claim Construction and Sufficient Disclosure

2018 FCA 172 – FCA affirms FC’s analysis on sufficient disclosure but quashes claim construction analysis.
December 13, 2018

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 11, 2018

CAFC Confirms That Surnames May Be Registered as Trademarks If They Acquired Distinctiveness

Fed. Cir. 2017-1468 – The United States Court of Appeals for the Federal Circuit confirms that surname may be registered as trademark as it acquired distinctiveness.
December 6, 2018

FC Upholds Registrar’s Decision Refusing Confusing Trademark Registration

2018 FC 951 – The FC reiterates that trademarks will not be registered if they are likely to confuse consumers.
December 4, 2018

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.
November 27, 2018

Trademark Variants Must Retain Distinctive Features to Show Use of the Registered Mark

2018 FC 941 – The FC confirms that trademark variants must retain distinctive features to demonstrate “use” of the registered Mark.