Category: Practice Notes

Category: Practice Notes

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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Guidance on Biological Materials for Canadian Patents

In order to meet disclosure requirements for Canadian patents a biological deposit may be necessary when involving a biological material (i.e. capable of self-replication either directly or indirectly).

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Sequence Listing Requirements in Canada

October 14, 2015

To match the requirements of the Patent Cooperation Treaty (PCT), Canada’s Patent Rules on biological sequence listings were changed on June 2, 2007.

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For PCT national phase entry in Canada...

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