The new Canadian Patent Rules came into effect on October 30, 2019 with the intent to make Canada compliant with its international treaty obligations by harmonizing and streamlining the administrative procedures for patents and patent applications. The changes to the Rules have resulted in both patent prosecutors and intellectual property owners adapting and developing new prosecution strategies.

The Federal Court of Appeal’s long-awaited decision on what constitutes trademark “use” in association with services in the Internet age has finally been released. On September 9, the Court of Appeal dismissed Miller Thomson’s appeal and maintained Hilton’s Canadian trademark registration for its WALDORF ASTORIA mark in association with “hotel services”, despite there never having been a “bricks and mortar” Waldorf Astoria hotel anywhere in Canada.