News (Page 2)

CIPO has confirmed that most deadlines for patents, trademarks and industrial designs falling between March 16 – May 18, 2020 will now be extended to May 19, 2020. This is a follow-up to CIPO’s March 17, 2020 and March 30, 2020 announcements that deadlines falling between March 16 – April 30, 2020 would be extended to May 1, 2020 (see our previous reports here and here). We expect that this deadline could be further extended, and we will provide additional updates as the situation evolves. Hicks IP will continue to work toward meeting original deadlines upon timely receipt of instructions. Please contact any of ourRead More →

Canadian Lawyer, Canada’s most comprehensive group of publications for the legal profession, have announced that Hicks Intellectual Property Law is recognized as one of Canada’s Top 10 Intellectual Property Boutique firms. Voted on by lawyers, in-house counsel and clients across Canada, the Top 10 IP Boutique Firm designation acknowledges and rewards exceptional work in intellectual property amidst ongoing challenges and changes in the Canadian Intellectual Property system. As an Alberta-based IP Boutique Firm, Hicks Intellectual Property Law works with businesses that have a high level of innovation and entrepreneurship in an increasingly technologically diversified economy. Crediting the firm’s expertise and adaptability to meet the province’sRead More →

Hicks Intellectual Property Law is very pleased to welcome Kevin Tuohy as a partner to the Canmore team. Kevin is a lawyer and trademark agent who joins Hicks IP as a partner, after spending over 15 years in the intellectual property groups of two large, full-service law firms in Calgary and Toronto. Kevin has extensive trademark experience, including managing global trademark portfolios, conducting clearance searches and providing opinions, advising on trademark strategy and enforcement, and handling all areas of prosecution, opposition and cancellation proceedings. Kevin advises clients on all areas of intellectual property law, as well as on domain name, advertising and marketing matters. Kevin’sRead More →

Many Intellectual Property Offices have been extending deadlines in response to the ongoing COVID-19 situation. In Canada, CIPO has confirmed that deadlines for patents, trademarks and industrial designs falling between March 16 – April 30, 2020 will now be extended to May 1, 2020. This is a follow-up to CIPO’s March 17, 2020 announcement that deadlines falling between March 16 – March 31, 2020 would be extended to April 1, 2020 (see our previous report here). We expect that this deadline could be further extended, and we will provide additional updates as the situation evolves. Hicks IP will continue to work toward meeting original deadlinesRead More →

CIPO announced on the afternoon of March 17, 2020 that, on account of the unforeseen disruption caused by the COVID-19 outbreak, the Commissioner of Patents, the Registrar of Trademarks and the Minister of Innovation, Science and Technology, have each extended all deadlines set by the Patent Act, the Trademarks Act and the Industrial Design Act, respectively, falling within the period extending from March 16 to 31, 2020. The new deadline set by the extension will be April 1, 2020. Subject to circumstances, the Commissioner, Registrar and Minister may decide to extend the new deadline further. This extension is a welcome one and covers many ofRead More →

In a recent judgment of the Alberta Court of Queen’s Bench, Justice L.R.A. Ackerl held that although copyright subsisted in design drawings for a pipe bending machine, copyright did not extend to the machine itself. This decision draws important boundaries on what subject matter may be protected by copyright and emphasizes the need for multiple layers of IP protection to provide effective coverage. Background Proline Pipe Equipment Inc. (“Proline”) alleged, amongst other causes of action, that Provincial Rentals Ltd. (“Provincial”) infringed copyright related to its pipe bending machine. Specifically, Proline adduced evidence that: a former employee of Proline took Proline’s drawings for a pipe bendingRead More →

There are plenty of stories about the likelihood of AI taking over jobs and roles normally done by humans. Even back in 2015, the BBC was sufficiently concerned to provide a helpful page entitled “Will a robot take your job?” More recently, the patent profession has been wondering whether Artificial Intelligence might take over the inherently creative role of inventor. In a couple of recent moves, both the European Patent Office and the U.K. Intellectual Property Office have indicated that they are not yet ready to take this step. European Patent Office (EPO) Sixteen short minutes of deliberation in late December were enough to allowRead More →

Background Patenting computer programs is an area which is rife with misconceptions. Many businesses are put off pursuing patent protection because they believe that the hurdles are insurmountable. These misconceptions are understandable because computer programs fall within a grey area of “excluded subject-matter” which covers technologies that seem like they should be patentable but are not. Other such grey areas include methods of medical treatment and business methods. Even the Canadian Intellectual Property Office has been guilty of over-simplifying the situation by stating in a Patent Basics sheet that “[s]oftware is considered a literary work and cannot generally be protected with a patent”. This isRead More →

Canada has become recognized as a world leader in Artificial Intelligence (AI). As part of its Pan-Canadian Artificial Intelligence Strategy, the Government of Canada rightly celebrates that: • researchers at the University of Alberta rank #2 worldwide in Artificial Intelligence and Machine Learning; • Montreal has the highest concentration of researchers and students of deep learning in the world, with almost 9000 students in AI and related programs; and • Toronto has the highest concentration of AI start-ups in the world. But there is healthy competition. In their wide-ranging report, “WIPO Technology Trends 2019: Artificial Intelligence”, the World Intellectual Property Office identifies international key playersRead More →

This recent case of Corning Cable Systems LLC v. Canada (Attorney General) 2019 FC 1065 relates to whether information included in the Background section of a patent application can be cited in an obviousness objection as evidence of  what was the common general knowledge (CGK). The two patent applications at issue relate to the use of Local Convergence Points (LCPs) which are adapted to distribute a signal supplied by a network service provider to units with multiple dwellings. An LCP is a housing or “box” containing a splitter module and optical fibers. The LCP receives a cable supplied by an internet service provider as an input andRead More →