Intellectual Property
General acceptance of the term “intellectual property” as a common descriptor for the fields of patent, trademark, industrial design and copyright law appears to have followed the establishment of the World Intellectual Property Organization (“WIPO”) by the United Nations in 1974. All forms of statutory intellectual property grant exclusive rights to intangible
assets. However, there are basic and necessary distinctions between these different forms of intellectual property and their legal and economic functions.
January 23, 2025
Communitech’s ElevateIP program provides financial support to Canadian startups to build and manage intellectual property portfolios. Funding can be used for IP strategy development, patent and trademark filings, and commercialization efforts, empowering businesses to drive innovation and unlock growth. Apply now.
December 19, 2024
Effective January 1, 2025, Canada’s Patent Term Adjustment (PTA) framework compensates patentees for unreasonable delays in patent issuance by the Patent Office. The PTA grants additional term protection, calculated based on delays beyond prescribed timelines, for applications filed on or after December 1, 2020.
December 13, 2024
Starting January 2025, Trademark owners in Canada are now subject to a new CIPO pilot project where the Registrar may issue Section 45 notices, requiring proof of use for trademarks registered over three years. Ensure your trademarks are protected by maintaining proper records of use.
December 4, 2024
The Canadian Intellectual Property Office (CIPO) will implement its annual inflation-adjusted fee increases for trademarks under the Service Fees Act. The increase is 4.4%, across the board.
November 29, 2024
North American businesses are the target of a new trademark phishing scam, prompting a detailed warning from the College of Patent Agents and Trademark Agents (CPATA). To stay protected, always verify the source and avoid responding to suspicious correspondence.
November 22, 2024
The USPTO has announced significant changes to its patent fee structure, effective January 19, 2025. Stay ahead by planning strategically to manage costs and filings effectively.
November 11, 2024
A recent EPO decision on machine learning patents emphasizes the need for detailed technical disclosures, clarifying standards for inventors aiming to secure patent protection for AI innovations.
October 24, 2024
Building on Innovation: Expanded Industrial Design Protection for Buildings and Structures in Canada
A recent shift in industrial design examination practice introduces new opportunities for architects and developers to protect their architectural designs.
October 17, 2024
Marvel and DC lose ownership of 'super hero' trademarks as USPTO rules the term generic, in the public domain and not exclusive to comic giants.
October 8, 2024
Defining Goods and Services in Canadian Trademark Applications: Requirements and Tips for Applicants
Defining goods and services in Canadian trademark applications requires precision. This guide covers key requirements from the Canadian Intellectual Property Office (CIPO), including using "ordinary commercial terms" and avoiding vague language. By following CIPO’s guidelines and utilizing their Pre-Approved List, applicants can expedite examination, reduce costs, and avoid common issues with trademark applications.
September 19, 2024
Andrew Currier, CPATA Elected Director, reflects on recent developments in Canada's IP landscape, covering board transitions, regulatory updates and more!
August 17, 2023
By integrating intellectual property into their growth strategy, Canadian businesses can position themselves for long-term success.
June 19, 2023
Canadians are recognized as strong innovators and entrepreneurs, and yet we are also seen as laggards when it comes to protecting intellectual property (IP).
October 27, 2021
Andrew was invited to speak about Corporate IP Strategy and Practical Business as part of the Zhejiang High-Level IP Training Program.
January 23, 2020
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.
December 5, 2019
PCK's Andrew Currier and Jillian Carter had the pleasure of presenting a workshop on intellectual property law for Roots Community Services in Brampton.
September 20, 2019
CAFC 2018-2207 – The US Court of Appeals for the Federal Circuit ruled that “wherein” clauses in patent claims can be limiting if they are material to patentability.
September 13, 2019
2019 FC 1065 – Canada's Federal Court ruled that two fiber optics patents were obvious in light of an admission made in the background sections.
September 6, 2019
CAFC 2018-2091 – The Federal Circuit refused to grant lost profits and joint ownership to ScentSational Technologies for their scent-releasing bottle cap.
August 30, 2019
2019 FCA 196 – In an ongoing dispute between the PMPRB and Galderma, the FCA says the drug pricing regulator erred in its interpretation of the law.