Canada

October 5, 2020
Orange transport truck driving on a highway under a blue sky.

Federal Court Cannot Designate Standard-Essential Patents

T-1686-18: Canada's Federal Court has clarified that it does not have jurisdiction to designate Standard-Essential Patents.
September 23, 2020
Lines of programming code on a computer screen.

Federal Court Rejects CIPO’s “Problem-Solution” Approach to Claim Construction

2020 FC 837: A recent decision spells the end to the problem-solution approach, which has long been used to block patent applications for software.
September 3, 2020
Photo of a glass, maple-leaf-shaped bottle containing maple syrup.

Learning From Aunt Jemima: Abandoning Offensive Trademarks in Canada

With problematic brands like Aunt Jemima and Uncle Ben being dropped, how can brand owners prevent third parties from hijacking the discontinued marks?
August 20, 2020
Close-up photograph of a wooden judge's gavel.

Federal Court Can Now Interpret Contracts in Patent Ownership Disputes

Salt v Baker - In a unanimous decision, the Federal Court of Appeal confirmed the Federal Court’s jurisdiction to hear contractual disputes involving patents.
June 18, 2020
Photograph of a red hockey net on the ice of an outdoor skating rink.

Federal Court Clarifies the Admissibility of Patent Prosecution History

In a patent infringement case between two major ice skate manufacturers, the Federal Court clarified s. 53.1 and the admissibility of prosecution history.
June 4, 2020
Hand in rubber glove holding a spray bottle of bleach

Federal Court of Appeal Confirms New Standard of Review in Trademark Appeals

The Federal Court of Appeal (“FCA”) has clarified how Vavilov's standard of review will apply to decisions made by the Trademarks Opposition Board (“TMOB”).
March 18, 2020
Team of inventors wearing white lab coats in a laboratory.

Federal Court Removes Inventors from Four Patents

2020 FC 338 – The Court concluded that the six individuals were listed as inventors “by inadvertence in the process of the division.”
March 9, 2020
Photograph of an IV drip delivering a pharmaceutical to a patient in a hospital.

Contested Remicade Patent Will Head Back to Court in June

2020 FCA 30; 2020 FCA 31 – Janssen and Celltrion will return to court in June after the FCA overturned a lower court decision regarding a Remicade patent.
January 23, 2020
Photo of a judge's golden gavel in court.

How the Supreme Court’s New Standard of Review Will Impact IP

2019 SCC 65, 2019 SCC 66 - The new standard of review will be applied to decisions by the Patent Office, Trademark Office, PAB, and TTAB.
January 17, 2020
Photo of two jars of weed for sale in a cannabis store.

Beat the Weeds: File Your Cannabis Trademarks in Canada

Because of the status of cannabis and trademark laws in the US, brand owners are looking to Canada to register their cannabis trademarks.