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Canadian Patent Office Patent Litigation

Smart & Biggar

Navigating unity of invention and double patenting issues: practical strategies for patent protection in Canada

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Unity of invention and double patenting law and practice in Canada can create challenges for patent applicants. For example, applicants may not expect a unity of invention objection to be raised, requiring claims to be...more

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Court permits addition of inventor to a patent that is subject of ongoing litigation

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In Regeneron Pharmaceuticals, Inc v Canada (AG), 2023 FC 768, the Federal Court granted Regeneron’s application to add an inventor to its issued patent, which was the subject of pending litigation. The Court was satisfied,...more

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Canadian Patent law 2022: A Year in Review

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2022 was an active year in Canadian patent law. Claim fees were introduced for the first time; changes were made to regulations providing remedies for excessive pricing of patented medicines; and a range of court decisions...more

Mintz - Intellectual Property Viewpoints

Obviousness-Type Double Patenting and Divisional Applications in Canada

Obviousness-type double patenting (“OTDP”) arises when two or more patents or applications include claims that, while not being identical, are not patentably distinct from each other. In the U.S., OTDP rejections can be...more

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Bill C-30 to implement CETA tabled in Canadian Parliament: implications for pharmaceuticals

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On October 31, 2016, the day following the signing of CETA, the Canadian Minister of International Trade, the Honourable Chrystia Freeland, tabled Bill C-30, An Act to implement the Comprehensive Economic and Trade Agreement...more

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