Great stories about patents and other IP
The Absence of an Estoppel, Doesn’t stop Canadian Patent Applicants
Sep15

The Absence of an Estoppel, Doesn’t stop Canadian Patent Applicants

When it comes to the construction of patent claims, Canada rejects the need for a fil wrapper “estoppel” –  the electronic file records containing all the documents relevant to a particular patent applications – because they are publicly available anyway. With his finding in Pollard Banknote Limited v Scientific Games Products (2016),, Canadian Federal Court Justice Locke has renewed the discussion whether the lack of a file...

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Pas Français, Pas Bon: Fresh Language Struggles in Quebec
Jul18

Pas Français, Pas Bon: Fresh Language Struggles in Quebec

Companies in Quebec face a fresh struggle over language laws. The government of the French-speaking Canadian province is trying yet again to make French more prominent in daily life, with new legislation that seeks to outlaw company signage and trademarks that do not have a “sufficient presence” of French. If the law is passed, affected companies would have three years to change their insignia. It’s yet another attempt by the Office...

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Russia and Canada – two countries failed by their patent systems?
Jul08

Russia and Canada – two countries failed by their patent systems?

Russia’s patent system is notorious. It barely works; in fact, if it does anything at all, it makes the process of patenting an innovation more difficult. Why? Because in Russia – and only in Russia – patents don’t earn the inventor any money. That’s why many of the country’s innovators file their patent applications abroad. However, as it turns out, Russia is not the only country with such a problem. Canada is arguably facing a...

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PAEs and SEPs: When is patent enforcement anti-competitive?
Apr12

PAEs and SEPs: When is patent enforcement anti-competitive?

As we reported previously, the Canadian Competition Bureau (“Bureau”) held a consultation process in 2015 where interested parties were invited to make submissions on draft Intellectual Property Enforcement Guidelines (“IPEGs”). The draft IPEGs addressed how the Bureau may approach, among other things, the conduct of patent assertion entities (PAEs) and conduct concerning standard essential patents (SEPs). As a result of the...

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Registration won’t protect the idea behind a design
Mar28

Registration won’t protect the idea behind a design

The news of Trunki losing its case to defend its animal-shaped suitcases has brought the rarely litigated topic of registered designs into the media spotlight. This is a lesser-known intellectual property right which relates to principally aesthetic designs. You may be more familiar with terms like patents, trade marks, and copyright, but registered designs are of great importance in design industries. Simply put, a novel design can...

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Who is doing deals in Ottawa
Mar23

Who is doing deals in Ottawa

Ottawa-based Interset announced recently it has entered the Intel Security Innovation Alliance partner program. Interset will integrate its Interset Advanced Threat Detection Platform with McAfee Enterprise Security Manager (ESM). The combined solutions will enable customers to rapidly surface anomalous activities that define advanced cyber threats, apply accurate risk scoring, and deliver the contextual information needed to mitigate...

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Quebec’s new ‘patent box’ tax break should be an example for Ottawa
Mar22

Quebec’s new ‘patent box’ tax break should be an example for Ottawa

On St. Patrick’s Day, Quebec Finance Minister Carlos Leitao’s budget for 2016-17 landed heavily – a 50-page speech and summary, a 570-page economic plan and 228 pages of supplementary information. With all that space, there was room for a major innovation in Canadian tax policy: a reduced tax rate for business income derived from innovation, the first of its kind in Canada. Quebec calls it the “deduction for a qualifying innovative...

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