Canada

Case summaries and articles about intellectual property that are relevant to Canada.

June 5, 2024

Interlocutory Injunction Granted in Outdoor Apparel Trademark Dispute

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
Person holding needle and vial

Appeal Court Clarifies Patentability of Methods of Medical Treatment

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
Person pumping gas into their car at a gas station

Appeal Board Weighs in on Patentability of Software Subject Matter

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 27, 2023
Photograph of a researcher's hands in blue rubber gloves holding a slide under a microscope.

5 Key Steps to Optimize Your IP Strategy and Acquire Government Funding

New government programs can enhance your strategic approach to IP. Here are some recommendations on how to prepare your corporation for government funding.
November 14, 2023
Researcher in a biochemical laboratory pipetting a liquid

ElevateIP Canada: Dynamic Funding Opportunity for Intellectual Property (IP)

PCK is partnering with local innovation hub Communitech on a federally funded IP program called ElevateIP, launching on November 23, 2023.
November 8, 2023
Photograph of business people meeting at a table to discuss graphs and charts shown on computers, tablets, and paper.

Maximizing the Value of Your Intellectual Property Through Federal Programs

Through the IP Assist program, SMEs can gain access to a range of resources to help enhance the value of innovations and accelerate commercialization goals.
October 19, 2023
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Subscribe to Andrew Currier’s “Unofficial” CPATA Director Update Mailing List

Andrew Currier: I received feedback from many licensees that they would like more regular updates. I am happy to do so, but my current list is outdated.
October 10, 2023
Headshot of CEO, Andrew T. Currier

Patent & Trademark Agent Regulation in Canada: My Update as an Elected CPATA Director

I am now halfway into my three-year term as an Elected Director to the CPATA Board. I’d like to begin by thanking the licensees...
October 4, 2023
Photograph of a Canada Post box with a wooden fence and trees in the background

Filing Patent Applications in Canada: The Untapped Key to Success

Historically, and apparently still, many companies decide to forgo filing in Canada. We believe that it is time to revisit this analysis.
September 27, 2023
Person in a suit using a tablet computer and a calculator to plan a budget for a business.

Navigating the 2024 Fee Increases for Canadian Patents and Trademarks

On January 1, 2024, the Canadian Intellectual Property Office (CIPO) will implement a 25% increase in most government fees for patents and trademarks.
August 14, 2023

Back to the Motherboard: Still No Clear Test for Software Patent Subject Matter

2023 FCA 168: In its long-awaited decision, the FCA reiterated the importance of judicial minimalism and rejected a structured analytical framework.
July 31, 2023
Photograph of a watch in someone's hand.

Canada Introduces Patent Term Adjustment for the First Time

Bill C-47: Before CUSMA replaced NAFTA, Canada did not provide compensation to patent owners for delays in the processing of a patent application.
June 19, 2023
Photograph of an engineer working on a component for a telescope.

Three Factors for Protecting Canadian Innovation

Canadians are recognized as strong innovators and entrepreneurs, and yet we are also seen as laggards when it comes to protecting intellectual property (IP).
May 18, 2023
Photograph of Canadian flag waving between skyscrapers in the business district of Toronto

Patent Agents and Trademark Agents: A Profession in Crisis

After a recent announcement, the profession is caught between the College of Patent Agents and Trademark Agents and the Intellectual Property Institute of Canada.
March 22, 2023
Photograph of two inventors wearing lab coats in a scientific laboratory. The nearest inventor is looking into a microscope. There are beakers on the counter beside her.

Federal Court Allows Addition of Third Inventor to Two Patents

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
Side view of a gray housecat's head against a plain gray background.

FCA Upholds Refusal to Grant “procat” Trademark

2023 FCA 4: The prefix "pro" did little to make Puma's "procat" mark distinctive over Caterpillar's CAT & Triangle Design.
February 3, 2023
Photograph of a person standing in a sunlit meadow and holding a globe under their arm.

Can the Patent System Help Safeguard Canadian Military Innovations?

Most major countries in the world, including the USA and China, require innovators to secure a “foreign filing license” before they can seek patent protection in a foreign country. Canada has no such regime, but perhaps it's time.
February 7, 2022
Photograph of the Peace Tower at the Canadian parliament buildings taken from the ground so that the clock peeks out from behind another building.

Considerations for Applicants Before the Canadian Patent Rules Change

Patent applicants may wish to request examination for their Canadian patent applications soon to take advantage of the fees under the current Patent Rules.
February 3, 2022
A photo of an iPhone screen showing an icon to launch the Google app.

Google’s AdWords Defeats Competitor’s Patent Infringement Claim

Canada's Federal Court dismissed allegations by Paid Search Engine that Google infringed a patent for optimizing paid search engines.
January 27, 2022
A photo of a pumpjack for mining oil in the Canadian prairies.

Prior Use Defence Argued by Mining Supplier in Patent Infringement Case

The prior use defence allows a business to continue activities that would otherwise be patent infringement, if the activities pre-date the filing date of the patent.