Understanding Patents

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...

Jordana Sanft was featured in IPIC's Community Spotlight, which celebrates the people who have shaped the Intellectual Property Institute of Canada over its 100-year history.

On July 30, 2026, the Supreme Court of Canada released a landmark ruling in Democracy Watch v Canada (Attorney General). The Court sought to determine whether the partial privative clause (a provision in a law that tries to limit or block courts from reviewing a decision) in s. 66 of the federal Conflict of Interest Act...

Two recent Federal Court decisions bring welcome clarity to the scope of the Gillette defence – the argument that a defendant cannot infringe a valid patent because its product is the same as what the prior art already disclosed.

Health Canada has introduced a new Ministerial Reliance Order (MRO) that represents a significant development in Canada’s drug regulatory framework. The MRO creates a new mechanism allowing Health Canada, in defined...

In KingSett Mortgage Corporation v Mapleview Developments Ltd, the Court of Appeal for Ontario delivered a significant ruling regarding the priority of lien claimants and building mortgagees under the Construction Act.

Lenczner Slaght, Canada's leading litigation firm, announces major achievements including recognition as Litigation & Dispute Resolution Boutique Law Firm of the Year at the 2026 Canadian Law Awards. The firm welcomes 11 exceptional law students for summer positions and celebrates partner Sahar Talebi's receipt of the 2025 Dual JD Transnational Leader Award for her outstanding professional achievements and international contributions.

Patent trials are rarely just about the hard science of an underlying claim. They are human dramas with two competing storylines, where the Court must decide not only what the science shows, but whether the people explaining that science can be trusted.

Lenczner Slaght, Canada's leading litigation firm, demonstrates its expertise across insolvency and restructuring law, commercial litigation, and dispute resolution.

As a litigant, perhaps the most ill-advised litigation strategy is bringing a tactical summary judgment motion to delay and avoid accountability, especially when your own conduct may not withstand judicial scrutiny.

On May 5, 2026, the Patent Appeal Board issued its preliminary redetermination in the patent application at the heart of Dusome v Canada (Attorney General), the Federal Court decision that prompted the Canadian...