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?
Read MoreCanadian 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.
Read MoreThe Canadian Patent Act is to be amended in an effort to harmonize Canadian laws with other countries, with a number of noteworthy changes. These changes have not yet come into force, but could potentially represent a positive development in Canadian patent law moving forward.
Read MoreCanada 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.
Read MoreLike most countries, Canada does not allow two patents to be issued to the same patentee for the same invention. Canadian patent law also prevents workarounds such as terminal disclaimers and consolidation. There is however a solution in unity objections.
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