Canada
Case summaries and articles about intellectual property that are relevant to Canada.
December 29, 2021
The Federal Court of Appeal held that the trial judge cannot intervene in a trademark opposition decision in the absence of any errors by the Board.
December 14, 2021
Four years after the Federal Court of Appeal denied copyright protection for TRREB's real estate database, the fight to control that data continues.
December 6, 2021
The Federal Court has limited the scope of patent agent privilege to communications directly related to the protection of patent rights.
November 23, 2021
Health Canada refused to grant a natural health product license to Canada RNA Biochemical Inc. for its oral lumbrokinase capsules marketed as "Boluke".
November 15, 2021
2021 CACP 42: Cementing its post-Choueifaty approach to patentable subject-matter in Canada, the PAB found all claimed elements to be essential in the computer-implemented invention.
August 23, 2021
2021 FCA 166: The Federal Court of Appeal's observations on the use of prosecution history demonstrate that courts continue to adapt to recent amendments to patent law.
August 9, 2021
2021 FCA 154: The FCA held that overbreadth is not an “improper re-emergence of the promise doctrine”. Overbreadth is supported by bargain theory and s. 27 of the Act.
July 27, 2021
2021 FCA 137: On July 12, 2021, the Federal Court of Appeal issued a decision dismissing an application for judicial review of a decision of the Minister of Health denying data protection for a drug. Janssen Inc. had sought protection for its drug SPRAVATO but was rejected on the basis that it was not an “innovative drug” eligible for such protection.
July 21, 2021
The trick is to efficiently resource patent and SR&ED initiatives while keeping product development on track. Here are a few tips that can help you do that.
July 15, 2021
Proposed changes to Canada’s patent system include excess claim fees and limits on office actions which will lay the groundwork for patent term adjustments.
June 21, 2021
2021 FCA 100: A recent decision affirms the Federal Court's power to make site-blocking orders requiring third-party ISPs to limit access to copyright-infringing content.
June 7, 2021
2021 CACP 9, 2021 CACP 12: In two recent decisions involving software patents, the Patent Appeal Board found the inventions to be directed to patentable subject-matter
June 2, 2021
2020 BCCA 361: A BC court upheld one of Canada's largest awards for trade secret theft. GEA was awarded over $7 million against a group of former employees.
May 12, 2021
Co-authors Stephen Perry and Andrew Currier have drawn on years of experience in the field of IP to craft a complete resource for the patent prosecutor.
May 4, 2021
2021 ONSC 2881: In a copyright dispute over source code, an Ontario court has agreed to extend an existing injunction to cover a new software product released by LDX Inc.
April 20, 2021
This paper uses publicly available filing statistics and a professional survey in an attempt to gather empirical data on the work done by Canadian Patent Agents in the Canadian Intellectual Property Office (“CIPO”) versus the United States Patent and Trademark Office (“USPTO”).
March 30, 2021
Draft regulations for the College of Patent Agents and Trademark Agents pose an alarming concern for patent agents dual qualified before the USPTO and CIPO.
March 26, 2021
2021 FC 85: The Federal Court upheld the validity of all claims, but found that PetroChina was not infringing Maoz Betser-Zilevitch's patent for an SAGD.
February 16, 2021
PAB 1556: Canada’s Patent Appeal Board reconsidered Mr. Choueifaty’s patent application for a computer-implemented method of managing portfolio assets.
November 16, 2020
2020 FC 997: In a summary judgement for patent impeachment, Canada's Federal Court found a patent for heating hydraulic booms to be invalid for obviousness.