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Canadian Supreme Court confirms powerful remedy for patentees

November 21, 2022

One of the advantages of a Canadian patent is that Canadian patentees have the option of electing an “accounting of profits” instead of damages when pursuing an infringer. This remedy can result in a huge award to the patentee in the right circumstances. Rather than compensating…

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The Importance of Inventorship

November 04, 2022

A patent is invalid unless it lists the true inventors of the claimed invention.  Should an Applicant notice that a patent application has an incorrect or incomplete list of inventors, they should take action immediately. In cases where a patent application is pending, the Applicant may…

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Major overhaul of Canadian patent regulations

June 22, 2022

Just three years after making significant modifications to the Patent Regulations, Canada is again making major changes to the rules governing patent examination. This time, the changes will drastically impact filing and prosecution strategies for applicants. The published amendments may…

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The Curious Case of Benjamin Moore

June 20, 2022

The Canadian jurisprudence on patentable subject matter has evolved since the Supreme Court of Canada’s pronouncements in Free World Trust and Whirlpool, but clarity of guidance regarding eligibility has remained elusive for patent rights owners and practitioners. The Federal Court’s…

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2021 Patent Appeal Board Statistics

March 22, 2022

Patent applicants with computer-implemented inventions may find some reassurance in the 2021 Canadian Patent Appeal Board (“PAB”) statistics.  Despite a general sense that the PAB is hostile to these types of inventions, the statistics reveal that computer-related subject matter rejections are over-turned…

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