Posts Tagged: "Canada"

Blow to Computer-Implemented Inventions: Canadian Court of Appeal Strikes Down the Subject-Matter Eligibility Test

The Canadian Federal Court of Appeal (FCA), in Attorney General of Canada v. Benjamin Moore & Co. [2023 FCA 168], a 3-0 decision, recently set aside the test on subject matter eligibility of computer-implemented inventions laid down by the Federal Court [2022 FC 923] last year. Acclaimed by patent professionals as a “favorable decision for Canadian applicants who have computer-implemented inventions,” the test had, for the first time, presented a declaratory relief and guidance for examining subject-matter eligibility, particularly for computer-implemented inventions. While the setting aside of the test relays subject matter assessments back to the procedure set by the Commissioner of Patents (Canada), the FCA clarified some key areas associated with the claim construction and patentability analysis.

Patent Changes on the Horizon in Canada with Introduction of Patent Term Adjustment

Continuing with the recent key transformations made to the Canadian patent application examination and procedure, Bill C-47, which includes a patent term adjustment regime, was passed by the parliament and received royal assent. Marking an inaugural introduction of patent term adjustment in Canada, the new terms are set to come into force by January 1, 2025. The policy change is in response to Canada’s commitments under Article 20.44 of the Canada-United-States-Mexico Agreement (CUSMA), the multilateral free trade agreement effective since 2020. Article 20.44 requires signatories to “process patent applications in an efficient and timely manner… to avoid unreasonable or unnecessary delays” and “provide the means to… adjust the term of the patent to compensate for those delays.”

Streamlining Patent Examination: Amendments to Canada’s Patent Rules Coming Into Effect Soon

Responding to the patent term adjustment obligation under the Canada-United States-Mexico Agreement (CUSMA) and to “streamline the patent examination process”, the Canadian government has registered major changes to the Canadian Patent Rules. The amendments will come into effect on October 3, 2022, and include notable modifications to the patent application examination process, such as establishing excess claim fees for over 20 claims, fees for continuing examination beyond three office actions, and offering conditional notice of allowance.

USMCA Set To Export U.S. Copyright Law to North American Neighbors

The United States-Mexico-Canada Agreement (USMCA) was passed by the U.S. Senate on January 16, 2020 and will be signed by President Trump today. The treaty, which renegotiates and cancels the 1994 North American Free Trade Agreement (NAFTA), is expected to dramatically affect many areas of law of its three member states. With respect to copyright law, the USMCA largely exports copyright standards from the United States. Once it is implemented, content creators and owners, Internet Service Providers (ISPs) and copyright professionals can expect the laws of Mexico and Canada to more closely resemble those of the United States with respect to liability and safe harbors for ISPs, the term of the life of a copyright, rights for sound recordings used in interactive streaming and anti-circumvention measures.

Responding to Criticism of ‘State Pharmaceutical Importation Programs Threaten Patients and Innovation’

A recent article by Dr. Kristina M. L. Acri née Lybecker highlighted her research about the fiscal workability of state pharmaceutical importation programs from two important aspects. Dr. Acri’s whole paper is very good. I recommend you read it if you’re into policy and not sound bites. I noticed, however, that the comments on the article elicited some common myths about Canadian drug importation that are important to address if we’re going to really understand this issue.