IAM Patent 1000 2021

Patents are essential business commodities and knowing how to obtain, enforce and monetise them has become mission critical. The IAM Patent 1000 has firmly established itself as the definitive ‘go-to’ resource for those seeking to identify world-class, private practice patent expertise.

Canada

Since the Patent Act was revised and the new Patent Rules were introduced in October 2019, Canada’s IP scene has been looking vibrant. Although the bulk of the instructions that cross the desks of practitioners concern the life sciences, technology briefs are also flying in – a trend which has...

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Since the Patent Act was revised and the new Patent Rules were introduced in October 2019, Canada’s IP scene has been looking vibrant. Although the bulk of the instructions that cross the desks of practitioners concern the life sciences, technology briefs are also flying in – a trend which has much to do with the reshaping and fine-tuning of the IP regime. For instance, after the Federal Court rejected the Canadian Patent Office’s original ‘problem-solution approach’ in Yves Choueifaty v Attorney General of Canada, it issued new guidance, outlining a three-step method for determining patentable subject matter. The new method focuses on defining the claim’s true invention and determining whether that qualifies as patentable subject matter. As a result, Canadian applicants seeking patent protection for computer-implemented inventions should now emphasise how the invention enhances function or solves problems. On another note, the new trade agreement between Canada, the United States and Mexico, which took effect on 1 July 2020, will affect all IP rights in Canada, including patent rights. One significant modification will be patent term adjustment to compensate for unnecessary delays caused by the Canadian Intellectual Property Office (CIPO) during the review of an application. This is expected to be introduced within the next four years and will be of great interest to patent holders, especially in the pharmaceutical industry. Aside from legislative changes, the country has remained stable and has seen a steady rise in work, which has allowed new players to make their mark on the legal landscape and is evidenced by new entries to the firm and individual tables.

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