Canada

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

September 19, 2024
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CPATA: Reflections and Updates from an Elected Director, Andrew Currier

Andrew Currier, CPATA Elected Director, reflects on recent developments in Canada's IP landscape, covering board transitions, regulatory updates and more!
September 4, 2024
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Divisional Patent Applications in Canada: An Overview

Divisional patent applications play a crucial role in patent portfolios, particularly when an application describes multiple closely related inventions.
August 26, 2024
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What Brand Owners Need to Know about Trademarks in Québec

Brand and trademark owners who do business in Québec need to be aware of the specific language requirements in the province.
August 8, 2024
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Federal Court Updates Guidance on AI Use in Legal Proceedings

The Federal Court of Canada has taken proactive steps to provide clear guidance on the use of AI in court proceedings.
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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.