Category: Patents

Category: Patents

Delivery to a New Non-Promise Land

July 11, 2017

The Supreme Court of Canada ruled that promises made in a patent are not the standard against which the utility of a patent is measured. This is a departure from previous decisions and a positive development for those seeking patent protection of pharmaceutical and other inventions in Canada.

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Patent Office Refund Policy

March 8, 2017

A brief overview regarding the refund of official fees for patents and patent applications, as laid out in Section 4 of the “Patent Rules.”

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Product-By-Process Claims

February 10, 2016

Product-by-process claims are certainly permitted in Canada, and in fact threshold requirements for novelty and utility can be quite low. That being said, product-by-process claims may be more difficult to enforce and consideration of whether such a claim is appropriate should be made on a case-by-case basis.

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Voluntary Prior Art Submissions

December 2, 2015

Many U.S. practitioners will tell you that providing prior art (i.e. publically available information) before issuance of a patent application is quite an onerous requirement. Understandably, a common question we encounter in Canada from clients is whether Canada has a similar legal requirement?

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Legal Representative Declarations & Assignments

November 23, 2015

Canadian Patent Rules state requirements on how to proceed when the inventor is not the applicant through legal representative declarations. However, the provisions of the Patent Act with respect to assignments do not appear to be entirely consistent with the provisions of the revised Patent Rules.

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