Expertise

Events

Patent Law and Practice in Canada

Brian Daley presents at the Chartered Institute of Patent Attorneys' (CIPA) seminar.  More

Institute of Law Clerks of Ontario Annual Conference 2008

Joan van Zant, Kelly Friedman, and Barry Segal present sessions on Navigating Your Way through the Patenting Process, The Sedona Canada Principles, and Demystifying Tax Rollovers.  More

Drug Patents and Legal Forum

Josée S. Gravelle and Jason C. Markwell speak on Canadian access to medicines regime and marketing pharmaceutical products in Canada.  More

Publications

Federal Court Decision on Maintenance Fees and Equity

The Court's decision is noteworthy not only for its analysis of the payment issue but also for its comments on the entitlement to equitable relief from forfeiture.  More

Canada and the United States Launch a Joint Pilot Program for Accelerating Patent Examinations

On January 28, 2008, the Canadian Intellectual Property Office (CIPO) and the United States Patent and Trademark Office (USPTO) will launch a joint pilot program aimed at creating a fast track examination process for patent applications.  More

U.S. Patent and Trademark Office Rule Changes Put on Hold

In August 2007, we reported that the United States Patent and Trademark Office (USPTO) had adopted new rules of practice which, in some instances, would significantly change the way patent applications are prepared, filed, and prosecuted in the U.S.  More

The London Agreement Reduces Translation Requirements for European Patents

It will soon become significantly less costly to obtain patent protection in European countries.  More

Canada's Federal Court of Appeal Makes Important Decision in Patent Invalidity for Obviousness

George Locke, a partner in the IP group, wrote this article in the October 2007 issue of the international IP publication Patent World.  More

Highlights of the U.S. Patent and Trademark Office Rule Changes

The United States Patent and Trademark Office (USPTO) has now adopted new rules of practice which, in some instances, will significantly change the way patent applications are prepared, filed, and prosecuted in the U.S.  More

Enforcement of Patent Rights in Pre-Trial Proceedings

An article co-authored by Brian Daley, a partner at Ogilvy Renault, compares pre-trial procedures in Canada, the United States and the United Kingdom.  More

Patent Invalidity for Obviousness: Canada's Federal Court of Appeal Renders an Important Decision

On June 7, 2007, Canada's Federal Court of Appeal rendered a decision in Novopharm Limited v. Jannsen-Ortho Inc. that dealt with several patent issues.  More

Amendments to Canada's Patent Rules to Come Into Force on June 2, 2007

On June 2, 2007, amendments to Canada's Patent Rules ("Amendments") will come into force.  More

Federal Court of Appeal Ups the Ante for Patentees Litigating under the PM(NOC) Regulations

In Sanofi-Aventis Canada Inc. v. Novopharm Limited 2007 FCA 163 the Federal Court of Appeal has decided that a patentee who unsuccessfully challenges an allegation made by a generic drug manufacturer under the PM(NOC) Regulations cannot re-litigate ...  More

KSR International Co. v. Teleflex Inc.: the United States Supreme Court speaks on patent invalidity for obviousness

On April 30, 2007, the Supreme Court of the United States released its unanimous decision in KSR International Co. v. Teleflex Inc. The Supreme Court reversed a decision of the Court of Appeals for the Federal Circuit ("CAFC") and restored a District ...  More

The Doctrine of Inequitable Conduct May Have Arrived in Canada

In a startling decision released on January 24, 2007, a judge of the Federal Court has deemed a patent to be abandoned based on the patentee's failure to disclose in good faith all appropriate facts in its patent application, and respond in good faith ...  More

In a rush to obtain your U.S. patent?-The USPTO proposes a two-tiered system for examining patent applicationsIn a rush to obtain your U.S. patent?-The USPTO proposes a two-tiered system for examining patent applications

The waiting time to obtain a patent from the American patent office (U.S. Patent and Trademark Office, USPTO) is getting longer and longer, especially in the information technology, telecommunications and business methods sectors. On August 25, 2006 ...  More

If at First You Don't Succeed.

On October 17, 2006, Justice Hughes delivered Reasons for Judgment in Janssen-Ortho Inc. and Daiichi Pharmaceutical Co., Ltd. v. Novopharm Limited,[1] a patent infringement action brought in respect of the drug levofloxacin.  More

Can a Patent Be Invalid as a Result of Misrepresentations Made During Prosecution of the Application?

A recent decision of the Federal Court of Appeal has called into question the long-held principle that a patent cannot be held invalid simply because of misrepresentations made during prosecution of a patent application, at least in the absence of fraud.  More

Bill C-29 - An Act to amend the Patent Act CORRECTION TO SMALL ENTITY

The Canadian Government has amended the Patent Act to allow corrective payments on patents and applications in order to overcome the drastic results of the Canadian Federal Court of Appeal decision in Barton No-Till Disk et al v. Dutch Industries ...  More

Patent Application Requirements

Patent Application Requirements and Useful Information. Contents: Deadlines, Requirements, Examination and Additional Information  More

Overview of Patent Law in Canada

Canada's patent system underwent a major overhaul in 1989. The following important changes were introduced at that time, and are applicable to all patent applications filed since then, as well as to patents issuing therefrom.  More

Canadian Patent Forms / Available Forms

Patent applications may be either wholly in English or in French. Forms do not need to be in the same language as the patent application.  More

Evolution of Canadian Legislation Affecting Innovative Drug Patents

Since the early 1920's, the federal government has struggled with the appropriate level of legislative protection to extend to drug patents.  More

Ontario Proposes to Institute Private Right of Action and Additional Liability for Continuous Disclosure Violations and to Delegate Additional Enforcement Powers to the OSC

On October 30, 2002, the Ontario government introduced Bill 198, an omnibus bill implementing various measures contained in the 2002 Budget and proposing amendments to 29 different statutes.  More

Media Highlights

Ogilvy Renault Congratulates Newly Registered Patent Agents

Ogilvy Renault is pleased to announce that seven of its people have passed their final patent agent exams with flying colours.  More

Ogilvy Renault represents Merck in a successful patent case

In a decision dated October 10, 2006, the Federal Court of Appeal maintained the trial judgment that found Merck`s patent for the medicine lisinopril to be valid and infringed by Apotex Inc.  More

Ogilvy Renault's Robert Mitchell: Recipient of the 2004 International Federation of Intellectual Property Attorneys Award

Ogilvy Renault extends a warm congratulations to Robert Mitchell, patent agent and senior partner in the firm's Intellectual Property group, on receiving the Peter Kirby Memorial Award by the Canadian Group of the International Federation of ...  More