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Inside Internal Controls

News and discussion on implementing risk management

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Patent Act

Going overboard on overbreadth

Under the doctrine of overbreadth (also referred to as “claims broader than the invention” and “covetous claiming”), a patent is invalid if its claims extend beyond the invention. While seemingly a straightforward idea, there is a lack of clarity for how such an allegation of invalidity is approached by the Court.

 

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Canadian patent law: 2018 year in review

There were various developments in Canadian patent law in 2018. Numerous decisions of the Federal Court of Appeal and Federal Court will have a notable impact on patent law in Canada going forward.

 

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Foreign patent holders (and lawyers/patent agents): Beware when writing to Canadians

A number of changes to Canada’s intellectual property legislation came into force on Dec. 13, 2018. One of the changes to Canada’s Patent Act is a new subsection relating to written demands.

 

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Bill introducing changes to IP legislation receives swift approval from parliament

Bill C-86, the Budget Implementation Act, 2018, No. 2, (the “Bill”) which makes a number of changes to the Trademarks Act, the Patent Act and the Copyright Act as well as introducing the College of Patent Agents and Trademark Agents Act became law in Canada after receiving Royal Assent on Dec. 13, 2018.

 

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Promise doctrine abolished by the Supreme Court of Canada

On June 30, 2017, the Supreme Court of Canada, released a landmark patent decision (2017 SCC 36) abolishing Canada’s so-called ‘Promise Doctrine’ by finding it “unsound”, “not good law” and “incongruent with the both the words and scheme of the Patent Act.”

 

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Where does a cause of action for patent infringement arise?

In Apotex Inc. v Astrazeneca Canada Inc., 2017 FCA 9, the Court of Appeal had to interpret section 39 of the Federal Courts Act in order to determine the appropriate limitation period for those patents that issued before a six–year limitation period was established by section 55.01 of the Patent Act in 1993.

 

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Significant changes to the Canadian patent system

Changes are coming swiftly, as the federal government moves to implement the Comprehensive Economic and Trade Agreement just days after it was signed by Prime Minister Trudeau in Brussels at the end of October 2016. These changes will significantly impact biologic/pharma patents in two major ways.

 

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Substantive patent and design amendments bring Canada in line with its treaty obligations

The Government of Canada introduced for first reading in Parliament numerous amendments to intellectual property and other statutes on October 23, 2014. Bill C-43, an omnibus budget bill, amends Canada’s Patent Act to conform to the Patent Law Treaty (“PLT”) and the Industrial Design Act to conform to the Geneva (1999) Act of the Hague Agreement Concerning the International Registration of Industrial Designs.

 

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