Knowledge

Industrial Design, Patent

I Just Disclosed My Invention – Can I Still Protect It?

A patent may be granted for an invention if it meets all of the statutory requirements including novelty, non-obviousness and utility. Industrial design protection may similarly be granted for new designs. In both cases, there is a requirement that the subject matter for which protection is being sought must not already be available to the public. Read More

Trademark

The Benefits of Trademark Searching and Clearance

If you are considering launching a new brand in Canada, it is generally a good idea before investing in the launch, and even before filing a trademark application, to determine whether the proposed mark is available for use and registration. Read More

Trademark

Trademark Renewal and CIPO Courtesy Letter asking for Nice Classification

The Canadian Intellectual Property Office (“CIPO”) is now sending courtesy letters inviting trademark owners to group and class their goods or services under the Nice Classification at the time of renewal. Courtesy letters are being sent in anticipation of changes to the Trade-marks Act, now scheduled to take place in 2019. Read More

Intellectual Property

Budget Update: 2017

In its 2017 budget, the Canadian Federal Government announced its “Intellectual Property Strategy 2017,” in which “the Government will develop a new intellectual property strategy over the coming year. The strategy will help ensure that Canada’s intellectual property regime is modern and robust and supports Canadian innovations in the 21st century.” Read More

Patent

Implication of CETA on the Pharmaceutical Industry

The Canadian federal government wishes to implement the Comprehensive Economic and Trade Agreement (“CETA”) after it was signed at the end of October 2016. Bill C-30 seeks to amend the Patent Act to provide for the issuance of Certificates of Supplementary Protection (“CSP”), which seeks to compensate patentees for the effective loss of patent protection they suffer as they await regulatory approval to market a drug in Canada. Read More