On January 17, 2014, the Federal Court rendered its decision in Abbvie Corporation et al. v. Janssen Inc., a patent infringement case involving Canadian...
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Publications
GPPH: More Than a Two Lane (Patent Prosecution) Highway
Patent Prosecution Highway (PPH) programs speed up patent examination procedures and allow applicants to obtain patents quickly by allowing one patent office to benefit...
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Industrial Designs – Intellectual Property’s Secret Weapon
Most people have heard of copyright, trademarks, and patents, three major categories of intellectual property. But there is a fourth lessor known category, which...
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Canadian Federal Courts Consider When “Prior Use” Invalidates a Patent
Disclosure of an invention prior to the filing of a patent application can have disastrous consequences for an inventor. In order to obtain a...
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Keeping Up with the Thymes: Recent Developments on Trademark Applications Based on Registration and Use Abroad
Section 16 of the Trade-marks Act provides three bases for registration of a trademark in Canada: use in Canada, registration and use abroad, and...
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New top-level domains are coming to a browser near you – how to protect your trademark in view of these changes
As new generic top-level domains (gTLDs) emerge, the Trademark Clearinghouse (“TMCH”), overseen by the Internet Corporation for Assigned Names and Numbers (“ICANN”), provides a...
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It Just Keeps Getting Harder: Pfizer Faces Further Challenges after its Viagra™ Patent Invalidation
Last November, the Supreme Court of Canada (SCC) declared Pfizer’s Canadian patent for the drug Viagra™ to be invalid for failing to provide full...
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“Patent Examiner, I think I have a computer problem”: CIPO releases new guidelines for computer-implemented inventions following the Amazon decision
Last year, the Federal Court of Appeal issued a decision on the patentability of Amazon’s “one-click” online shopping patent, in which the Court criticized...
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Promises, Promises…An Old Legal Doctrine Poses Difficulty for Canadian Patentees
The controversial doctrine of the “promise” of the patent has received a great deal of attention recently with some unfavourable decisions for Canadian patent...
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The Copyright Modernization Act: Big Changes to Copyright Law in Canada
A lot happened in the world of Canadian copyright law in the last year. We have already written about the Supreme Court of Canada’s...
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