The Canadian Intellectual Property Office (“CIPO”) continues to provide updates on the continuing disruption to IP office deadlines under the Patent Act, Trademarks Act and/or Industrial Design Act caused by the COVID-19 outbreak. As we reported previously, March 16th to May 29th are considered “designated days” under the applicable Canadian intellectual property legislation; the time to respond to certain CIPO actions therefore had been extended to June 1st.
CIPO has now announced that June 1st, 2020 to June 12th, 2020 inclusive will also be considered “designated days”. This means that the time period to respond may now be extended to the next business day, namely June 15th, 2020.
While the above noted designations by CIPO apply to most, but possibly not all, due dates that originate with CIPO, it is likely that obligations under international treaties and/or conventions, such as the Paris Convention and the Patent Cooperation Treaty, may still apply and must be complied with accordingly. As such, any action(s) required to be taken in Canada between now and June 1st should be taken on or before the applicable date or discussed with a Canadian patent agent in order to ensure all rights in Canada and abroad are maintained.
Fasken has also established a Coronavirus (COVID-19) Knowledge Centre. Given the number of cases of COVID-19 in North America, and continued uncertainty around the world, organizations must plan to manage the impact on their operations and workforces, as well as protect their employees, their families and communities. Ensuring the health and safety of our people, clients and business partners is Fasken’s top priority.
Fasken’s IP group continues to take steps to ensure continuity of our services to our clients over this period, largely by working remotely. As CIPO’s online solutions are available 24/7 and from anywhere, we are available to continue to assist our clients during this period. 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.
Are you a small business or independent inventor with an invention which may help in the fight against COVID-19?
On 8 May 2020, the United States Patent and Trademark Office (USPTO) announced a new program for accelerating the review of patent applications related to COVID-19. This could be your lucky day (if you’re one of the 500 selected…)!
The purpose of this program is to facilitate the patenting process by reducing cost and allowing rapid review of eligible filed patent applications.
What do you need to know about the new program (“COVID-19 Prioritized Examination Pilot Program”)? Here’s a snapshot:
The patent application must cover a product or process that is subject to U.S. Food and Drug Administration (FDA) approval for use in the prevention and/or treatment of COVID-19.
Only small and micro entities are eligible (companies with <500 employees or independent inventors).
Prioritized examination fees are not required under this program (regular fees apply).
Total of 500 applications will be reviewed under the program.
Canada’s Intellectual Property Office (CIPO) does not have a specific program for inventors in response to COVID-19 but it has multiple programs for expediting review of new patent applications, and at a low cost relative to the U.S., which may be used as before. Canadian patent applications may be expedited under one of the following scenarios:
By payment of a fee of $500CAD (useable on virtually all applications).
By having a corresponding patent issued in a foreign patent office. For example, if you have filed the same patent application in the U.S. and Canada and a U.S. patent has issued, CIPO will expedite review of the corresponding Canadian application.
For any questions or further information, please contact a member of our patent group.
Canadians have made it through the first
four weeks of social distancing and are now settling into new routines as much
as possible. For many, that means turning to online resources for our business,
social, entertainment, educational, and fitness needs.
In response to the COVID-19 pandemic,
there is a proliferation of innovative online offerings that are enabling our
businesses to continue operating, offering a sense of community, continuing
education, or even just providing ways for busy parents to entertain their kids
for a couple of hours. In a time of extreme isolation, the internet is bringing
Canadians together and helping us to stay connected.
One thing that has not changed, however,
is copyright law. Although the states of emergency declared across Canada and
around the world are disrupting many things, the Copyright Act remains in force.
Developing new online services that
attempt to replicate in-person interactions and transactions may trigger some
unexpected copyright obligations.
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.