Category: Practice Notes

Category: Practice Notes

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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Small Entity

October 27, 2015

Canada offers reduced patent fees for companies with fewer than 50 employee or universities – improving access to the patent system and resulting in significant savings. However, claiming small entity status is not without its risks.

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