Category: Patents

Category: Patents

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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Voluntary Divisional Applications and Double Patenting

Like 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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Patenting Life Forms – Challenges & Opportunities

October 26, 2015

Unlike most countries, “higher” life-forms are ineligible to be patented in Canada. This does not necessarily put Canadian patent applicants at a disadvantage. With the right strategies and knowledge of Canadian patent law, patent protection for some life forms can be obtained.

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