On October 30, 2019, Canada implemented new Patent Rules. Among other changes, the new Rules eliminated Canada’s late entry for national phase as of right. Under the old Rules, international filings could be entered into national phase for up to 42 months from the earliest priority date, with …
Look for Brion Raffoul’s Throwback Thursday posts, where we revisit posts and cases of interest! In December 2019, we reported on CanMar Foods Ltd. v TA Foods LTD (2019 FC 1233, “CanMar FC”). CanMar FC was the first case to look at Section 53.1 of the Patent Act–a …
By José Seba and Chris Chiavatti Patent practitioners certainly know how busy an IP practice can be. A day can quickly fill up (and then some) with routine prosecution matters. However, have you ever thought about the workload of a patent Examiner? The number of patent Examiners varies …
Valentine’s Day is Sunday, and love is in the air! To celebrate, Brion Raffoul is sharing three patents (and one very special patent application) that will make your heart a-flutter and bring forth images of romance, love, and Valentine’s Day. (Or, at the very least, these should leave …
Look for Brion Raffoul’s Throwback Thursday posts, where we revisit posts and cases of interest! Last September, we reported on the Canadian Federal Court case Choueifaty v Canada (2020 FC 837). In that case, the Court rejected the “problem-solution approach” used by the Canadian Intellectual Property Office (CIPO) …
By Liz Gray and Chris Chiavatti A long-running dispute between several producers of liquified natural gas (LNG) is heading to Federal Court. A statement of claim filed by Steelhead LNG alleges that several other LNG companies have infringed Steelhead’s patents and misused confidential information. Steelhead LNG is seeking …
By Chris Chiavatti, Liz Gray, and Natalie Raffoul On January 6, 2021, the Canadian Intellectual Property Office (CIPO) announced that the PPH pilot program between the CIPO and the European Patent Office (EPO) will now be permanent. The CIPO-EPO PPH allows patent applicants to request accelerated examination in …
Wednesday, December 9, 2020, marked the official launch date of Canada’s first patent collective, implemented through the Innovation Asset Collective (IAC)! The IAC will primarily focus on improving the IP strategy and patent portfolios of its member companies, with a view to improving the freedom to operate of …
By Chris Chiavatti, Liz Gray, and Dennis Hazsko The ongoing shift towards cleaner energy sources, and electric cars in particular, is driving the quest for better storage of electricity. Innovators around the world are seeking to make batteries that are more powerful, longer-lasting, lighter, and cheaper than ever …
On August 21, 2020, the Canadian Federal Court rejected the problem-solution approach adopted by the Canadian Intellectual Property Office (CIPO) for assessing patentable subject matter under the Patent Act. The problem-solution approach has long been the standard used by CIPO to determine whether a claim element is “essential” …
