Our professionals regularly publish on new developments in intellectual property law. Our Editor is: Pat Cotter.

Insight into Obviousness at the Canadian Patent Office

Before refusing a patent application, the Canadian Patent Office convenes a panel of the Patent Appeal Board (the “PAB”) to review the application and provide a recommendation to the Commissioner of Patents. This recommendation and the Commissioner’s determination on the allowability of the application are published together as a “Commissioner’s Decision”.

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Will Design Applicant’s wishes materialize at WIPO?

Design rights are intended to pertain to visual features of shape, configuration, pattern or ornament, or a combination of such features applied to a finished article. This is different from patents which cover new and useful inventions or improvements to an existing invention.

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We Asked, They Listened: CIPO Modernizes its Industrial Design Practice

On January 16, 2017, the Canadian Intellectual Property Office (CIPO) issued a practice notice outlining six (6) changes to its industrial design practice.  The practice notice can be found here.  The six changes are related to:

1. Computer-generated animated designs;
2. Colour as a registrable feature;
3. Reducing time limits to respond to examiner’s reports
4. Searching to assess originality where there is a priority claim
5. New notices of possible refusal
6. Delaying the registration of an application

These changes are effective immediately.  The specifics of each change is outlined below.

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