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  • Article

    Federal Court Holds That Design And Promotional Activities For FLNG Facility Did Not Infringe Canadian Patent

    The Canadian Federal Court's recent decision in Steelhead LNG (ASLNG) Ltd. v. ARC Resources Ltd., 2022 FC 998 ("the Decision") held that mere design and promotional activities...
    CanadaIntellectual Property
    Aird & McBurney LP
    Aird & McBurney LP
  • Article

    Does Your Brand Reflect Your Personality?

    Making sure a startup has the right branding in place will help distinguish it from its competitors.
    CanadaIntellectual Property
    Aird & McBurney LP
    Aird & McBurney LP
  • Article

    Important New Procedural Guidelines From The PMPRB

    The Patented Medicine Prices Review Board (PMPRB) is a Canadian federal agency that regulates the prices of patented medicines in Canada.
    CanadaIntellectual Property
    Aird & McBurney LP
    Aird & McBurney LP
  • Article

    The Date For Assessing Disclosure Sufficiency – Is This An Open Issue?

    Recently, the Federal Court of Appeal released its decision in Pharmascience Inc. v. Bristol-Myers Squibb Canada Co., 2022 2022 FCA 142 142 (the "Decision").
    CanadaIntellectual Property
    Aird & McBurney LP
    Aird & McBurney LP
  • Article

    Online Advertising Method Survives Alice At The PTAB

    In 2012, a fledgling startup, AdSupply Inc., filed a patent application for a method for delivering leave behind ads which are displayed behind the browser window when a user leaves a website.
    CanadaIntellectual Property
    Aird & McBurney LP
    Aird & McBurney LP
  • Article

    Patent Term Adjustment Is Coming To Canada But Very Few Patents Will Qualify

    As explained in our previous article, in order to comply with Canada's obligations under the Canada-United States-Mexico Agreement ("CUSMA"), Canada agreed to implement a patent term adjustment ("PTA")...
    CanadaIntellectual Property
    Aird & McBurney LP
    Aird & McBurney LP
  • Article

    IP 101: Understanding The Basics Of Intellectual Property

    I've lost count of the number of times that I've heard the following: "I would like to patent my company's logo;" or "Our software code is trademarked;" or "We need to copyright our new medical device."
    CanadaIntellectual Property
    Aird & McBurney LP
    Aird & McBurney LP
  • Article

    The Quiet Arrival Of Patent Term Adjustment In Canada

    On January 1, 2025, Canada implemented a patent term adjustment ("PTA") system to account for unreasonable delays by the Canadian Intellectual Property Office ("CIPO") in issuing a patent.
    CanadaIntellectual Property
    Aird & McBurney LP
    Aird & McBurney LP
  • Article

    Canada's New Patent Regime: CIPO's Eleventh Hour Guidance

    On October 30, 2019, the new Canadian Patent Act and Rules will come into force introducing substantive administrative procedural changes.
    CanadaIntellectual Property
    Aird & McBurney LP
    Aird & McBurney LP
  • Article

    Canadian Patent Appeal Board Adopts A New Approach To Attack Patents For Lack Of Utility

    In order for a factual basis and/or sound line of reasoning for predicted utility to be considered sufficiently disclosed in the common general knowledge and, therefore, not required to be disclosed...
    CanadaIntellectual Property
    Aird & McBurney LP
    Aird & McBurney LP
  • Article

    Canadian Industrial Design Fees Are Increasing In 2024: Consider Paying Fees In Advance

    On January 1, 2024, fees that are payable to the Canadian Intellectual Property Office (CIPO) for industrial design applications and registrations will increase by at least 25 percent.
    CanadaIntellectual Property
    Aird & McBurney LP
    Aird & McBurney LP
  • Article

    NAFTA Tribunal Finds Promise Doctrine Founded In 35 Plus Years Of Canadian Jurisprudence – Not A Dramatic Change In The Requirements For Patent Utility

    Eli Lilly's arguably last ditch attempt to challenge the Canadian courts' invalidation of two Canadian patents relating to the drugs olanzapine (Zyprexa™) and atomoxetine (Strattera™), using a NAFTA...
    CanadaIntellectual Property
    Aird & McBurney LP
    Aird & McBurney LP
  • Article

    The Ultimate Blockchain Patent Teardown

    As a patent practitioner, one of the questions I often get asked is whether distributed ledger technology (DLT), such as blockchain, is patentable.
    CanadaIntellectual Property
    Aird & McBurney LP
    Aird & McBurney LP

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