Standard Of Review In Patent Claims Construction

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.

Are you ready for changes to the Charter of the French Language ("Charter") that will come into force on June 1, 2025? Bill 96 was enacted on June 1, 2022, with its various provisions taking effect...

In late 2024, two important amendments to the Copyright Act—Bills C-244 and C-294—received royal assent, giving individuals and businesses more freedom to bypass Technological Protection Measures...

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.

Intellectual property (IP) can add significant value to a business and developing a strong IP portfolio requires investment of both time and resources.

Canada's intellectual property landscape has undergone significant transformation with the April 2025 trademark amendments, March 2026 CIPO patent guidance on software and AI, and evolving trade secret protections.

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.

On July 17, 2024, the Canadian Intellectual Property Office (CIPO) launched a new electronic system and portal, MyCIPO Patents, as part of its Next Generation Patents initiative.

The Supreme Court of Canada has ruled on the patentability of pharmaceutical dosing regimen claims in Pharmascience v Janssen, establishing new legal guidance for determining whether patent claims...

Before using a trademark in Canada or applying to register a trademark, it is highly recommended to instruct a trademark agent to conduct an availability search on the Canadian Register...

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.

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 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.

The Federal Court has issued a landmark ruling on stream ripping services that circumvent YouTube's security measures to create permanent downloads of content meant only for streaming.

The Canadian Intellectual Property Office has unveiled its strategic roadmap for the next five years, introducing significant changes to patent and trademark systems including accelerated examination pathways and a potential provisional patent option. These reforms aim to reduce barriers for innovators while aligning IP protection with Canada's economic priorities in emerging technologies.

A Federal Court decision examines whether parties in trademark opposition appeals can introduce new evidence or conduct cross-examinations that were not pursued during the original Board proceedings. The ruling addresses critical procedural questions about the scope of appellate review and the strategic importance of presenting comprehensive evidence at the opposition stage.

When trademark owners successfully defend their registrations from expungement, can they still introduce new evidence on appeal? A recent Federal Court decision examines whether additional evidence may be filed when an appeal challenges flaws in previously submitted proof of trademark use.

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.

From April 7–11, 2026, the internationally renowned Patent Cup took place in Vancouver, bringing together patent professionals from around the world for a unique blend of competitive sailing and industry camaraderie.

In Bell Media Inc. v. John Doe 1 (Soap2day), 2025 FC 133, the Federal Court provided its reasons for a site-blocking order it granted on December 16, 2024, which requires various Internet service providers (ISPs).