Patent Act

October 28, 2019
Flax seeds (or linseeds)

Foreign Prosecution History is Now Admissible in “Extraordinary Circumstances”

2019 FC 1233 – In a dispute over flax seeds, Canada's Federal Court says foreign prosecution history may be admissible under the new s. 53.1 of the Patent Act.
August 23, 2019
A busnisess's empty board room with desk chairs and a table.

What Can Businesses Expect From the US Patent Reforms?

A draft bill released May 22nd proposes significant reforms to section 101 of the US Patent Act. Businesses should be aware of the commercial impact.
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.
December 4, 2018

The ONSC Dismisses Apotex’s Attempt to Revive the Promise Doctrine Under the Guise of Fraud

2018 ONSC 5199 – ONSC rejects Apotex’s attempt to recast Promise Doctrine under s. 53 fraud allegations.
November 2, 2018

Bill C-86 and Its Impact on Trademark and Patent Prosecution

Bill C-86 – The omnibus bill creates ambiguity in authorized representation before the Patent Office and the Office of the Registrar of Trade-marks.
July 24, 2018

FCA Affirms Patent Application is “Dead” Following Failure to Respond to Requisition

2018 FCA 36 - The Federal Court of Appeal upheld the Federal Court decision dismissing the application from the Governors of the University of Alberta and Alberta Health Services for judicial review of the Commissioner’s decisions refusing reinstatement of a patent application.
October 31, 2017

Federal Court Affirms Price Regulation Schemes are intra vires

2016 FC 716 - The AG was successful in bringing a motion to strike Alexion's constitutional challenge to the patented medicines price regulation scheme in the Patent Act. The motion was brought on the ground that the application was bereft of any chance in light of a line of jurisprudence, which had fully and finally determined that these sanctions are intra vires and constitutional.
September 12, 2017
application

Federal Court Deems Patent Application “Dead” Following Failure to Respond to Requisition

2017 FC 402 - The FC dismissed the University of Alberta’s application for judicial review of three CIPO decisions, effectively refusing to declare the patent application in question in good standing following the failure of the original applicants to reply to a requisition and to apply to reinstate the application within the 12-month grace period.
August 15, 2017

Federal Court Rejects Bayer’s Request for Corrected Priority Date

2017 FC 178 - The FC dismissed a request by Bayer for judicial review of a Commissioner’s decision refusing to change the priority filing date for Bayer’s Canadian patent application, based on provisions in the Patent Act and Patent Rules relating to priority claims.
October 24, 2013

Canada Reaches Trade Agreement with Europe

Summary Canada and the EU have signed a Comprehensive Economic and Trade Agreement (CETA). The agreement includes potential changes to the Canadian pharmaceutical industry. The most […]
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 […]
June 20, 2013

Federal Court Rules It Has Personal Jurisdiction over Provincial Crown Defendants in Proceedings Seeking Remedies under the Patent Act

Safe Gaming Systems Inc. v. Atlantic Lottery Corporation, 2013 FC 217   Before filing their defences to this patent infringement action, the Defendants moved to strike […]
May 3, 2013

PMPRB’s Copaxone Decision Unreasonable in its Application of s. 85(1) of the Patent Act

Teva Canada Innovation v. Canada (Attorney General), 2013 FC 448 Teva asked the Court to set aside a decision of the Patented Medicine Prices Review Board […]