Federal Court Invalidates Patents For Ambiguity

The regulations affecting trademarks weren't fully in effect until 2025. More than a year later, the number of complaints against businesses has never been higher.

In Ontario, business owners typically consider franchising versus licensing as they plan to grow their company. Both methods promote growth through the resources of a third party, but they work in dramatically different ways.

Canada's Intellectual Property Office has introduced a new expedited examination program for patent applications in critical technology sectors. The Key Technology Expedited Program waives the advanced examination fee and promises first office action within seven months for qualifying applications related to critical minerals supply chain innovations.

CanLII, Canada's free legal database, and Caseway, an AI legal research platform, have reportedly reached a settlement in their copyright dispute over the use of legal case data for artificial intelligence training purposes. The resolution addresses concerns about unauthorized use of publicly available legal materials and the boundaries of AI development in the legal technology sector.

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...

For Canadian innovators, the patenting process can seem unreasonably slow. In an effort to address this, the Canadian Intellectual Property Office (CIPO) created various procedures to expedite the examination process in Canada. Knowing which fast track options exist, when they make sense, and how to use them effectively can provide a significant commercial advantage.

The Canadian Intellectual Property Office has issued new guidance on when trademark applicants can redact postal addresses or remove documents from public records. Understanding these strict requirements and exceptional circumstances is crucial for protecting privacy while maintaining compliance with Canada's trademark registration transparency obligations.

Trademark owners facing expungement for failing to file evidence of use in section 45 proceedings may have recourse through the Federal Court appeal process. The recent Lion Corporation case demonstrates how administrative errors by trademark agents can be remedied, allowing registrants to file additional evidence and potentially reinstate their registrations when the failure was beyond their control.

The patent landscape is evolving as entrepreneurs and investors seek new approaches to protecting IP rights consistently across jurisdictions. Organizations like the Intellectual Property Owners Association provide forums to voice concerns, analyze issues, and advance policies aimed at accelerating innovation across borders.

Recent US case law has raised the possibility that the common practice of including an expiry date in a non-disclosure agreement or "NDA" (also known as a confidentiality agreement)...

Canada's gig economy continues to grow steadily, with nearly half a million Canadians now engaged in this type of work. Many businesses rely on this form of highly flexible labour...

Canada's National Artificial Intelligence Strategy marks a significant shift in federal AI policy, moving away from standalone legislation toward a comprehensive framework that emphasizes privacy reform, data sovereignty, and business adoption. The Strategy outlines six interconnected pillars designed to position Canada as a global AI leader while addressing regulatory gaps through existing legal frameworks and new policy tools.

A recent decision of the Ontario Energy Board addressed a series of issues arising from the acquisition and renovation of a building for office and storage purposes by Milton Hydro Distribution Inc...

What are the essential requirements for franchise disclosure documents in Ontario? Jennifer Shayko breaks down the key legal obligations franchisors must meet when preparing disclosure documents under the Arthur Wishart Act, covering content requirements, delivery methods, and critical timing considerations that can impact franchise agreements.

As artificial intelligence adoption surges across Canadian enterprises—from 6.1% to 19.2% in just two years—the infrastructure demands are creating unprecedented opportunities in AI data centre development. Meta's $13-billion Alberta facility signals Canada's emergence as a major player, but what legal and commercial complexities must lenders, sponsors and investors navigate in this capital-intensive asset class?

Ontario is moving forward with changes to the current environmental assessment ("EA") process for municipal infrastructure projects.

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) represents a transformative opportunity for Canada-Japan trade relations, with Japanese foreign direct investment in Canada reaching $54.8 billion as of 2025. This free trade agreement between Canada and 11 Pacific economies eliminates customs duties and streamlines market entry processes, creating significant advantages for international businesses seeking to expand into the Canadian market.

Canadian privacy regulators have completed a joint investigation into OpenAI's ChatGPT, examining whether the company's collection, use, and disclosure of personal information complies with federal and provincial private-sector privacy legislation. The investigation involved the Office of the Privacy Commissioner of Canada alongside regulators from Quebec, British Columbia, and Alberta, scrutinizing OpenAI's practices in developing and operating its AI chatbot platform.

This quarter's Ontario class action decisions reveal evolving judicial approaches to parallel proceedings, individual action stays, and the predominance test. Courts examined novel duty-to-recall...

Jennifer Shayko, Max Skrow, and Sonali Ravi are featured authors at Aird & Berlis LLP, a prominent Canadian law firm. Their professional profiles and expertise are showcased through their headshots and biographical information on the firm's website. Learn more about these legal professionals and their respective practice areas.