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Intellectual Property Protection Patents Canada

Smart & Biggar

Protecting trade secrets and confidential business information in Canada

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Businesses can prevent third parties from misusing their valuable and commercially sensitive business information and trade secrets through contracts and the common law in Canada....more

Smart & Biggar

[Webinar] Cross-border IP strategies for IP owners and litigators - September 18th, 2:00 pm PDT

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Explore skinny labelling & obviousness in Canada and Australia - If you are an intellectual property (IP) owner, a litigator or an in-house legal professional managing IP litigation in multiple jurisdictions, don’t miss...more

Smart & Biggar

[Webinar] Cross-border IP strategies for IP owners and litigators - September 12th, 12:00 pm GMT

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Explore skinny labelling & obviousness in Canada and Australia - If you are an intellectual property (IP) owner, a litigator or an in-house legal professional managing IP litigation in multiple jurisdictions, don’t miss...more

Bennett Jones LLP

Canadian Patentees are Presumptively Entitled to the Remedies of an Accounting of Profits and a Permanent Injunction

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In two companion appeals relating to patents over television interactive programming guides, the Federal Court of Appeal clarified that a successful patent plaintiff is entitled to an accounting of the defendant’s profits...more

Bennett Jones LLP

A New International Treaty on Intellectual Property and Indigenous Knowledge and its Potential Impact on Canadian Agricultural...

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On May 24, 2024, after nearly 25 years of negotiations, the World Intellectual Property Office (WIPO) announced that member states, including Canada, had agreed to a new Treaty on Intellectual Property, Genetic Resources and...more

Smart & Biggar

Celebrating World IP Day 2024

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For World IP Day 2024, we asked three of our practitioners three questions, all related to the World Intellectual Property Organization’s 2024 theme of IP and the SDGs: Building our common future with innovation and...more

Blake, Cassels & Graydon LLP

Propriété intellectuelle 101

Pour de nombreuses entreprises en démarrage et en expansion, la propriété intellectuelle (« PI ») est une composante cruciale de leur avantage concurrentiel et, par conséquent, est essentielle à leur succès global et à leur...more

Bennett Jones LLP

Cultivating Innovation in Agribusiness: Drafting AI Patents—Part 2

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In this follow-up blog, we explore the intricacies of artificial intelligence (AI) patents in the AgTech and Agribusiness industry, highlighting significant hurdles and strategic considerations essential to keep front of mind...more

Smart & Biggar

Ghost in the machine: AI and patent protection

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On December 20, 2023, the UK Supreme Court dismissed Dr. Stephen Thaler’s appeal from the Court of Appeal (England and Wales), finding that AI cannot be an inventor because an inventor must be a natural person1. This issue...more

Bennett Jones LLP

Cultivating Innovation in Agribusiness: The Surge of AI Patents—Part 1

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This blog is part of a two-part series on patents and artificial intelligence technology in the AgTech and Agribusiness Industry. Part two, Cultivating Innovation in Agribusiness: Drafting AI Patents outlines some of the...more

Blake, Cassels & Graydon LLP

Intellectual Property 101

For many startups and scaleups, intellectual property (IP) is crucial to the company’s competitive advantage and, therefore, its overall success and value. This bulletin provides a refresher on the common categories of IP in...more

Dickinson Wright

Double Patenting in Canada

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Similar to other jurisdictions, a patent in Canada is granted for one invention only. Accordingly, in instances where multiple inventions are claimed in a single application, it may be necessary to parse out the inventions...more

Smart & Biggar

AI-assisted inventions: USPTO’s most recent guidance for determining inventorship

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AI technologies bring several new business opportunities, but they also bring a host of new legal questions, including in intellectual property law. A very important question at the intersection of AI and IP is: how do we...more

Smart & Biggar

Canadian Patent Law 2023: A Year in Review

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In our annual review of developments in Canadian patent law, we considered over 60 patent decisions reported last year. This article highlights statutory changes and a selection of interesting points addressed in the reported...more

Smart & Biggar

Canadian patents: Establishing “due care” after failure to pay a maintenance fee

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It has been four years since amendments to the Patent Act and Patent Rules were made, bringing the Patent Law Treaty (PLT) into force in Canada. The most consequential changes have proven to be the handling of missed...more

Kilpatrick

4 Key Takeaways | Major U.S. Supreme Court Trademark & Copyright Decisions

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Kilpatrick partner Ted Davis spoke recently at the annual meeting of the Intellectual Property Institute of Canada concerning recent trademark decisions of the Supreme Court of the United States....more

Smart & Biggar

Quebec’s “IP Box”: A tax incentive for the commercialization of IP

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Innovation from research & development (R&D) can be protected by intellectual property (IP) rights of various kinds, including patents, copyright and plant breeder’s rights. To encourage companies to invest locally in R&D...more

Stikeman Elliott LLP

Canadian Intellectual Property Office (CIPO) Official Fees to Increase Substantially on January 1, 2024

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CIPO has recently announced that most of its official fees will increase by at least 25% in 2024. These adjustments will affect all pending applications for patents, trademarks, industrial designs and copyrights, as well as...more

Smart & Biggar

PMPRB publishes annual Meds Pipeline Monitor report

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The Patented Medicine Prices Review Board (PMPRB) recently published its Meds Pipeline Monitor 2022 report, which highlights medicines in the pipeline that may impact future clinical practice and drug spending in Canada if...more

Cozen O'Connor

Canadian Intellectual Property Office Fees to Increase by 25% or More in 2024: What You Need to Know

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On June 28, the Canadian Intellectual Property Office (CIPO) announced significant changes to its fee structure. Beginning January 1, 2024, CIPO will impose a 25% fee increase to most official fees related to patent,...more

Dickinson Wright

Canadian Intellectual Property Fees on the Rise in 2024

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On June 1, 2023, the Canadian Intellectual Property Office (CIPO) introduced amendments to fee schedules set out in the Patent Rules, Trademarks Regulations, Industrial Design Regulations, and Copyright Regulations and will...more

Smart & Biggar

Canadian patent fees to increase in 2024: The first comprehensive fee hike in 20 years

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Amendments to the Patent Rules were published on June 21, 2023, revising the tariff of fees payable to the Canadian Patent Office, and broadening the small entity definition. The changes take effect on January 1, 2024....more

Smart & Biggar

Obviousness of Lilly’s tadalafil (CIALIS) dosage form patent stands

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The Federal Court of Appeal has dismissed Lilly’s appeals of judgments that held Canadian Patent No. 2,371,684 (the 684 patent) claims invalid. The decision, Eli Lilly v Apotex, 2023 FCA 125, was issued on June 2, 2023....more

Blake, Cassels & Graydon LLP

Technologies agricoles : Quatre étapes pour établir une stratégie gagnante en matière de propriété intellectuelle

Dans les domaines en évolution rapide de l’agroalimentaire et des produits alimentaires, l’optimisation de la valeur de la propriété intellectuelle (la « PI ») ne se résume pas à la résolution des problèmes....more

Smart & Biggar

Proposed legislation for patent term adjustment, and the interplay with CSPs

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Bill C-47, “An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023,” aka “Budget Implementation Act, 2023, No. 1” is an omnibus bill that includes proposed amendments to the Patent Act to...more

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