CIPO

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.
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.
February 3, 2023
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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.
October 25, 2022
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Christian Varin Sentenced to 5 Years for Defrauding Canadian Inventors

2022 QCCQ 6675: Operating as "Fédération des Inventors du Québec", Varin offered to protect inventions but never filed a single patent application at CIPO.
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.
January 13, 2022
Researcher looking into a microscope in a laboratory.

Federal Court Allows Correction to Inventorship Amidst “Pending Litigation”

Some of the most common errors made in patent applications are in the naming of applicants and inventors. If the mistake is not caught in time, it can cause a nasty headache for the patent owner.
July 15, 2021
Lightbulbs in a row. Lightbulbs are illuminated, Edison-style glass bulbs.

Amendments to Patent Rules Continue: Further Streamlining Canadian Patent Prosecution

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.
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.
April 3, 2020
An empty boardroom.

COVID-19: Time Extensions for Patents & Trademarks in North America

In this article, we explain how the intellectual property offices in Canada and the United States are responding to the COVID-19 pandemic.
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.
March 10, 2017

Federal Court implies that it only has jurisdiction to expunge or vary titles to patents, not record documents to them

2016 FC 1092 - The FC heard and granted an order to vary the records of the Patent Office for Canadian Patent No. 2,630,594, but refused to order the recording of documents to it.
March 7, 2017

FC Removes Named Inventor from Patent Without Evidence That Remaining Named Individuals are the Only Inventors

2016 FC 499 - The FC allowed the removal of a named co-inventor from Canadian Patent No. 2,860,309, without requiring strict evidence that the remaining named individuals were the only inventors.
July 3, 2013

FC Gives Rule 3.1 a Liberal Interpretation, Reverses CIPO’s Decision Refusing National Phase Entry Due to Insufficient Fees

Karolinska Institutet Innovations AB v. Attorney General of Canada, 2013 FC 715 The Applicant attempted to file a patent application with the Canadian Intellectual Property Office […]
April 19, 2013

Parliamentary Report Covers Key IP Issues, But Stumbles on Patentable Subject Matter, Omits Key Recommendation on Updating CIPO’s Systems

Parliament’s Standing Committee on Industry, Science and Technology has tabled a report titled “Intellectual Property Regime in Canada”. The Committee was chaired by David Sweet, M.P., […]
April 19, 2013

Summary of CIPO’s Post-Amazon Examination Practice on Computer-Implemented Inventions

Examination Practice Respecting Computer-Implemented Inventions – PN 2013-03 These guidelines build upon the guidance in Chapter 16 (Computer-Implemented Inventions) of the MOPOP and in PN 2013-02 […]
April 19, 2013

CIPO’s Emphasis on the Problem-Solution Approach to Claim Construction Questionable in Canadian Jurisprudence

Examination Practice Respecting Purposive Construction – PN2013-02 Free World Trust and Whirlpool continue to guide the courts, with the benefit of expert testimony and cross-examination, to […]