The rapidly evolving coronavirus pandemic continues to have a significant impact on intellectual property rights holders in Canada and around the world. As noted in our most recent IP bulletin, the Canadian Intellectual Property Office (“CIPO”) recently announced that, due to the COVID-19 pandemic, March 16, 2020 to March 31, 2020 inclusive will be considered “designated days” under the applicable Canadian intellectual property legislation. This means that if a CIPO deadline under the Patent Act,Trademarks Act and/or Industrial Design Act falls on any of these “designated days”, the time period to respond will be extended to the next business day (e.g. April 1st, 2020).
To assist those having or seeking patent rights in Canada, CIPO has now prepared a series of Frequently Asked Questions (“FAQs”) regarding the COVID-19 service interruptions and patent prosecution matters before CIPO. Information on service interruptions with respect to the Trademarks Opposition Board (“TMOB”) can be found here.
CIPO is careful to point out that the
answers provided are only a guide and should not be considered legally
binding. CIPO recommends that everyone
consult a registered patent agent who can advise on any specific
situation. Anyone concerned about
Canadian patent prosecution deadlines should review all of the FAQs provided on
the CIPO website and consult a Canadian patent agent as applicable.
To that end, Fasken’s IP group is taking
steps to ensure continuity of our services to our clients over this period,
largely by working remotely. Please don’t hesitate to reach out, should you
need assistance. In the meantime, we
will continue to keep you informed of any developments as they occur.
Patented Medicine Prices Review Board (the “Board”) recently published draft
Guidelines to replace the current Compendium of Policies, Guidelines and
Procedures, leading up to the coming into force of the amended Patented
Medicines Regulations on July 1, 2020. The draft Guidelines are needed to
facilitate the implementation of the upcoming changes to the Regulations,
including: (i) the additional price regulatory factors for consideration by the
Board when assessing whether the price of a patented medicine is excessive;
(ii) updates to the schedule of comparator countries to be used by the Board
for international price comparisons; and (iii) changes to reporting
requirements for patentees. Interested parties can make written submissions to
the Board on the draft guidelines during the consultation period, which ends on
February 14, 2020.
The long-awaited date has arrived. The amendments to Canada’s Patent Act and Rules, in order to implement Canada’s obligations under the Patent
Law Treaty (PLT), come into effect today.
The PLT is intended to harmonize and streamline formal procedures for
national and regional patent applications and patents in order to make them
more user friendly. Briefly, among other
changes, the amendments will introduce: (i) shorter deadlines for certain actions;
(ii) concepts of “third party rights”, “due care” and omissions being
“unintentional”; (iii) notices for missed deadlines; (iv) simplified
requirements in order to obtain a filing date; and (v) restoration of
priority. For a detailed overview of some
of the most significant changes, please refer to our bulletin on The New Patent Rules.