Canadian-European Patent Office (EPO) Patent Prosecution Highway (PPH) Program Now Permanent

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 one patent office based on a corresponding …

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File Wrapper Estoppel in Canada – How Far Are the Courts Willing to Go?

By: Stacey Dunn Since the coming-into-force date of new section 53.1 of the Patent Act in December 2018, Canadian practitioners have been waiting to see how broad this “file wrapper estoppel” provision will be interpreted. Recently, the Federal Court released a decision that expands the scope of s. 53.1 to potentially include foreign prosecution file …

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