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*These publications represent a general discussion of certain legal and related developments and should not be relied upon as legal advice.
Second Kick at the Can: Post-Grant Proceedings Involving Canadian Patents
Once a Canadian patent has issued, it can be the subject of various types of proceedings. This article will provide an overview of both proceedings that are adjudicated by the Patent Office (such as reissue and re-examination) and proceedings that are determined by the courts (such as declaratory actions in respect of infringement and validity).
Out of the Ordinary: Requirements for Describing Goods and Services in Canadian Trademark Applications
One issue trademark applicant's in Canada often face is a requirement to specify the goods and services in "ordinary commercial terms". The requirement of specificity under Canadian trademark law is arguably the highest threshold of any country. Learn more about how to overcome such objections.
You can’t do that! Federal Court quashes the “problem-solution” basis for rejecting claims
In a recent decision, the Federal Court of Canada declared that the policy adopted by the Canadian Intellectual Property Office (“CIPO”) for determining subject matter eligibility of claims to computer-implemented inventions is improper. The CIPO’s policy served as a basis for rejecting many patent applications in Canada, so the decision is welcome news to applicants.
Trademark Licensing in Canada: Everything You Need to Know You Can Learn From The Hells Angels
One phrase most lawyers (and people in general) have likely never uttered is “you should be more like the Hells Angels”. However, an exception may be available when it relates to trademark licensing.
Moving on Up: Increased Costs Awards in Canadian Patent Litigation
In recent years, Canada’s Federal Court has shown a clear trend towards awarding increased costs to the successful party in patent litigation.
Trademark Enforcement Tips and Traps: Navigating Canada’s Trademark System One Year After the Major Changes
On June 17, 2019, the most significant changes to Canada’s trademark system in over 60 years took effect. At the one-year anniversary of the changes, we are assessing the impact that they have had on Canadian trademark practice. We will provide some practical tips and also identify some traps in dealing with the altered trademark landscape, in this case as it relates to enforcement.
Trademark Prosecution Tips and Traps: Navigating Canada’s Trademark System One Year After the Major Changes
On June 17, 2019, the most significant changes to Canada’s trademark system in over 60 years took effect. At the one-year anniversary of the changes, we are assessing the impact that they have had on Canadian trademark practice. We will provide some practical tips and also identify some traps in dealing with the altered trademark landscape, in this case, as it relates to prosecution and maintenance.
The Scent of a Crayon: Unique Complications with Scent and Other Non-Traditional Trademarks in Canada
A distinctive scent may even enable consumers to identify a particular brand. Such scents can now be the subject of trademark registrations in Canada.
Follow the Rules! Recent Changes to Canada’s Patent Procedures
On October 30, 2019, Canada’s Patent Rules were amended to implement changes that were made to the Patent Act. A number of these amendments require applicants to modify their approach to filing and prosecuting patent applications in Canada. Some of the more important changes are summarized here along with recommended strategies to avoid potential pitfalls.