IP Addressed: How The Patent Act Is Transforming Canada's Patent Laws And Processes

Since the  Patent Act was amended in 2018, Canadian intellectual property law has undergone a sea-change in how patents are filed, prosecuted, and enforced. One of the most dynamic alternations to existing patent processes came in the form of Section 53.1, the provision that governs patent prosecution history estoppel. This relatively small addition to the Act has the potential to radically change Canada's patent applications, prosecutions, and enforcement actions. To uncover the full depth of its impact upon Canadian patent law, we asked IP lawyer and registered patent and trademark agent Richard Okimaw of Lawson Lundell to give us the lowdown on this exciting new area of patent law.