The Canadian Intellectual Property Office (CIPO) has recently published its Annual Report 2017–2018 which discusses Intellectual Property trends in Canada. For patents, in 2017–2018, CIPO received more than 34,000 applications and granted more than 24,000 new patents. Foreign applications continued to account for the majority of applications, most of which were filed through the Patent Cooperation Treaty. The time between a client’s request for examination and the moment a patent is granted was, on average, 33.6 months in 2017–2018, down 3.1 months from the previous year and down from 42.7 months in 2013–2014. For trademarks, the volume of applications filed with CIPO has been steadilyRead More →

  The Government of Canada marked World IP Day on April 26, 2018 by announcing its first ever National IP Strategy. The Strategy will see the Government invest $85.3 million over 5 years to help Canadian businesses, creators, entrepreneurs and innovators understand, protect and access intellectual property (IP).  The Government realizes that IP (including patents, copyrights, trademarks, industrial designs, plant breeders’ rights, geographical indications and trade secrets) is a valuable business asset that can provide important advantages over competitors. One part of the Strategy involves increasing IP awareness and education by providing and funding learning tools and resources, such as IP legal clinics.  The GovernmentRead More →

A recent case from the United States Federal Circuit indicates that patent claims directed to methods of medical treatment can be found to be patentable even if the method steps recite subject matter related to a natural phenomenon. The Federal Circuit affirmed a ruling of a United States District Court that claims to a method for treating a schizophrenia patient using the drug iloperidone in a dosage range based on a genotype indicating the patient’s ability to metabolize iloperidone are infringed and not invalid (Vanda Pharm., Inc. v. West-Ward Pharm. Int’l Ltd, Appeal No. 2106-2707, -08 (Fed. Cir., April 18th 2018). The issue of patentRead More →

Here are 6 reasons to consider registering your trademark in Canada: A trademark registration gives the registered owner the exclusive right to use the trademark throughout Canada, in association with the goods and/or services included in the registration, regardless of where in the country the owner is using the trademark. A registered trademark can prevent another entity from registering the same or a confusingly similar trademark. An application can be refused if an Examiner considers a trademark to be confusingly similar to a previously registered trademark or a previously filed application. A registered trademark will appear on the trademark register maintained by the Canadian IntellectualRead More →

To better serve Calgary-based innovators, Hicks & Associates Intellectual Property has opened a new satellite office at the Alistair Ross Technology Centre (ARTC), adjacent the main campus of the University of Calgary. Members of Hicks & Associates Intellectual Property will be staffing this office on a rotating basis in efforts to improve integration with the start-up community and others engaged in developing innovative technologies in the Calgary area. Any interested parties are invited to visit Hicks & Associates Intellectual Property at ARTC Suite 118, or call 403-609-9421 to schedule a meeting with one of our patent agents. The ARTC is located at 3553 – 31Read More →

The Comprehensive Economic and Trade Agreement (CETA) was signed by Canada and the European Union last year, resulting in amendments to Canadian legislation to implement its provisions. Legislative amendments to the Patent Act and the Trade-marks Act came into force on September 21, 2017, including the implementation of patent term extensions for pharmaceutical drug products and the expansion of geographical indications. Certificates of Supplementary Protection for Approved Drug Products A Certificate of Supplementary Protection (CSP) has been introduced which provides a possible additional period of protection after a patent expires for drugs containing a new medicinal ingredient. A CSP is intended to partly compensate forRead More →

Professional staff from Hicks Intellectual Property Law and Hicks & Associates Intellectual Property recently participated in the following IP events in Canada and the United States: Christine Hicks attended the Banff Venture Forum on September 21st and 22nd, 2017 at the Fairmont Banff Springs Hotel in Banff, Alberta. Recognized as one of Canada’s marquee financing events for innovative technology companies, the Banff Venture Forum offers insight into key industry issues and provides superior networking opportunities with world-class professionals in the investment community. Christine also attended the Intellectual Property Institute of Canada (IPIC) Annual Meeting, held in Niagara Falls, Ontario between October 11th and 13th, 2017.Read More →

In its decision dated June 30, 2017, the Supreme Court of Canada (SCC), allowed the appeal in AstraZeneca Canada Inc. vs. Apotex Inc. from the earlier decision of the Federal Court of Appeal, where AstraZeneca’s Patent No. 2,139,653 covering its blockbuster drug NEXIUM® (esomeprazole) was invalidated for failing to fulfill its inferred “promise” to provide “improved pharmacokinetic and metabolic properties which would give an improved therapeutic profile such as a lower degree of interindividual variation.” The promise doctrine had developed at the Federal Court level over the past few decades and had increasingly become a weapon of choice for generic pharmaceutical companies in efforts toRead More →

The Canadian Intellectual Property Office (CIPO) has released a Patent Landscape Report – Shale Oil and Gas. The Report covers technologies used as part of the extraction and refining processes in the shale oil and gas subsector of the oil and gas sector and examines 3,986 patent families filed between 2000 and 2012. Some of the highlights of the Report include: The top five applicants account for 12% of the total patenting activity worldwide related to shale oil and gas China and the United States account for 66% of all filings Halliburton and Schlumberger are active in technologies related to “drilling” and “well formation” TheRead More →

In the new Federal Budget for 2017, the Government of Canada has introduced its Innovation and Skills Plan, signaling a shift in thinking around Canada’s Intellectual Property (IP) system and its importance in supporting innovation. Importantly, this Budget is projected to implement new initiatives as part of the government’s innovation agenda. In the Budget, the government recognizes the importance of a modern and robust IP system in providing the framework that supports innovation across all sectors of the economy, stating: “Intellectual property rights incentivize creativity and the development of new ideas and technologies by helping companies, academics and inventors recoup their investment once new productsRead More →