Category: Patents

Category: Patents

Canada Increases Patent Term for Eligible Pharmaceutical Patents

September 26, 2017

Canada previously stood apart in its failure to grant additional patent term for drug patents. That changed on September 21, 2017 when new statutory and regulatory framework came into force. If eligible, the term of a patent can be extended by up to two years.

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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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