patent act

December 13, 2018
Due care

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
Due care

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
Due care

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
Due care

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
Due care

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.