patent rules

April 5, 2019
filing

Canadian Patent Filing Requirements About To Change

Filing requirements are about to change with the new Canadian Patent Rules, expected to come into force in 2019.
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.
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.
February 14, 2017

FC Determines Use of Xpresspost(TM) is Delivery to a Designated Establishment

2016 FC 517 - The FC held that patent applicants and holders using Xpresspost(TM) need only submit correspondence for CIPO to a Canada Post location by the deadline, rather than ensure physical delivery is completed by the deadline. The decision saved Biogen’s response to a requisition in a conflict proceeding from being deemed abandoned.