By Marc Lampert The Federal Court, in Benjamin Moore & Co. v. Attorney General of Canada, 2022 FC 923, has recently issued a decision that may help address a controversial practice by the Canadian Intellectual Property Office (CIPO); and in doing so, will add much needed certainty for patent Applicants. …
Upcoming Changes to Canadian Patent Rules: How to Plan Ahead
By Marc Lampert and Ammar Kalanaki Recent amendments to the Patent Rules will come into force on October 3, 2022 and introduce (1) excess claim fees, and (2) a request for continued examination (RCE) practice; among several other amendments. The new Rules will apply to any application for which a request …
Starting Your Patent Journey on the Wrong Foot: Why to be Cautious about Filing a Weak U.S. Provisional Application
In the Canadian startup community, a common and perpetuated piece of advice given to entrepreneurs is to self-file their initial patent application. Often, this advice involves self-filing a United States provisional patent application. Due to the lack of formal examination of provisional applications, entrepreneurs can file these types of applications without …