Navigating The Patent Process: Four Hot Tips For Startups

For a Canadian patent application to be examined, an applicant must file a request for examination with the Canadian Intellectual Property Office (CIPO). In most cases, the order in which applications are examined is based on the order that the requests for examination are received. An applicant may be able to accelerate examination of their patent application through several existing mechanisms, including advancing examination via special order, accelerating examination of applications related to green technology, and the Patent Prosecution Highway (PPH).

The rapid expansion of data centre infrastructure has made these facilities a focal point for technological innovation and intellectual property investment. From server configurations to advanced cooling systems, the technologies deployed inside data centres represent significant R&D expenditure and competitive advantages. Patent protection offers operators and developers opportunities to safeguard innovations...

The Canadian Intellectual Property Office has introduced a new pilot program offering accelerated patent examination for innovations in two critical areas. What technologies qualify for expedited processing, and how can patent applicants take advantage of this limited opportunity?

The Trademarks Opposition Board recently upheld a registration for the FRÜH & DESIGN trademark covering top fermented beers, demonstrating that clear evidence of use can successfully defend against section 45 proceedings. This decision illustrates how straightforward documentation of sales, distribution networks, and delivery records proved sufficient to maintain trademark protection in Canada.

Fraudulent communications targeting intellectual property rights holders are becoming increasingly sophisticated, often impersonating legitimate professionals or government offices. Understanding how these schemes operate and recognizing warning signs can help protect your valuable IP assets from exploitation.

Canada's new Patent Term Adjustment system offers compensation for delays in patent issuance, but qualifying depends on meeting specific eligibility requirements and strategic prosecution decisions. Understanding how the CIPO's "chess clock" philosophy works and implementing key strategies like deferred examination and timely maintenance fee payments can significantly impact whether meaningful term adjustments are granted.

The Trademarks Opposition Board's recent ruling in Therrien Couture Joli-coeur v Oldcastle Building Products clarifies the evidentiary standards trademark owners must meet when responding to section 45 notices under Canada's Trademarks Act. This decision highlights critical distinctions between evidence of actual transfers versus mere advertising, and underscores the necessity of providing specific proof for each registered good to avoid expungement.

Canadian patent law provides mechanisms for restoring priority claims when applications are filed after the standard 12-month priority period expires. Understanding the specific requirements, timelines, and criteria for restoration across regular Canadian applications, PCT national phase entries, and international stage PCT applications can help applicants preserve earlier filing dates and avoid self-anticipation issues.

Obtaining a trademark registration provides several benefits for businesses. Trademark registrations can help protect your rights and serve as assets that may be leveraged through licensing or used as collateral. However, obtaining a trademark registration in multiple jurisdictions can be a costly endeavour, and it can be difficult to prioritize where and when to seek registration to maximize protection.

The Saskatchewan Court of King's Bench has issued Canada's first damages award for plant breeders' rights infringement, adopting patent law principles to quantify substantial damages in a case...

As organisations continue to navigate their responsibilities under the Building Safety Act, understanding competence, organisational capability and governance has never been more important. This video explores how expectations around competence have evolved since the introduction of the Building Safety Act and what organisations should be doing to meet their legal obligations, covering both individual and organisational competence requirements.

Employers that rely on the Temporary Foreign Worker Program (TFWP) to retain skilled temporary foreign workers (TFWs) via high-wage or low-wage stream Labour Market Impact Assessments (LMIAs) are facing a growing crisis.

Prime Minister Mark Carney announced on September 15, 2026, that the federal government will open Canada’s four largest airports to private investment through long-term concession arrangements. Speaking at the inaugural investment summit, Prime Minister Carney outlined a vision to unlock new capital and operational expertise while retaining public ownership of the underlying land and assets.

Health Canada's recent enforcement action against unauthorized injectable peptides signals a regulatory shift that wellness companies cannot afford to ignore. While peptides dominate influencer marketing and online wellness spaces, their legal status in Canada depends on factors far more complex than social media trends suggest. Understanding how route of administration, therapeutic claims, and market authorization intersect is now critical for compliance.

Canadian data centre development is entering a critical phase as provincial governments introduce new frameworks for power allocation and pricing. With electricity access becoming increasingly competitive and conditional, developers face evolving regulatory landscapes in British Columbia, Ontario, Alberta, and Québec that could fundamentally reshape project economics and timelines.

Canada's new Productivity Mega Deduction promises to slash the marginal effective tax rate on business investment to just 6.4%, positioning the country as the most competitive G7 nation for capital deployment. This permanent tax incentive extends immediate expensing to roughly 65% of capital assets, fundamentally reshaping the economics of investing in Canadian operations across manufacturing, energy, technology, and resource sectors.

The rapid expansion of data centre infrastructure has made these facilities a focal point for technological innovation and intellectual property investment. From server configurations to advanced cooling systems, the technologies deployed inside data centres represent significant R&D expenditure and competitive advantages. Patent protection offers operators and developers opportunities to safeguard innovations...

Todd Burke of Gowling WLG's International Board sits down with British High Commissioner Rob Tinline to explore the evolving Canada-UK partnership and the commercial opportunities emerging across priority sectors like quantum computing, naval shipbuilding, and nuclear energy. Their discussion examines how these two nations are working together to advance trade, embrace innovation, and reduce barriers to cross-border collaboration in an increasingly competitive global landscape.

A recent Ontario Court of Appeal decision provides important guidance for commercial lenders, borrowers, and guarantors on what happens when a loan is accelerated following default.

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership entered into force between Canada and the United Kingdom on September 1, 2026, fundamentally reshaping bilateral trade relations and investment frameworks. This development arrives as Canada actively diversifies away from U.S. trade dependence while the UK advances its post-Brexit global strategy, creating expanded market access for businesses on both sides of the Atlantic.