In NCS Multistage Inc. v. Kobold Corporation, 2023 FC 1486, the Federal Court revisited the question of what constitutes a “forced” divisional patent application—an important distinction given that forced divisionals enjoy immunity from double patenting allegations. This Emilie-Anne Fleury explores how the Court assessed whether certain divisional patents were truly “forced,” clarifies how voluntary versus forced divisions are treated under Canadian patent law, and highlights the practical considerations for patent applicants navigating unity of invention objections.

If you repeat a lie often enough, people will believe it. Twice in the past four months, the Trademark Opposition Board has identified instances where an applicant’s agent has cited cases that do not exist as part of arguments filed to request an interlocutory ruling under section 38(6) of the Trademarks Act to strike all or part of an opposition statement. The suspected culprit behind these false citations —generative artificial intelligence. Learn how these incidents unfolded and what legal professionals must do to avoid similar mistakes.

Scams targeting trademark and patent owners are on the rise, with fraudsters employing fear tactics and impersonation to trick unsuspecting individuals and businesses. It’s essential to stay vigilant and informed to avoid falling victim to these schemes. Heather Boyd, Principal and Trademark Agent at Pillar IP, outlines common warning signs, steps to safeguard yourself, and resources to combat these scams.

Canada is a global leader in climate-focused innovation, yet CIPO’s Green Technologies Program—a fast, cost-effective way to accelerate green patents—remains underused. Brigide Mattar and Audrey Berteau highlight how this program helps innovators secure patents quickly, attract investment, and advance sustainable solutions in the global green economy.

In the recent case of Boehringer v JAMP, 2024 FC 1198, the Federal Court revisited the essential versus non-essential claim element test. Devin Doyle walks us through this pivotal case, centered around the patents for nintedanib capsules, explored whether the presence of lecithin in the formulation was a non-essential element. The Court’s decision provides significant insights into claim construction, emphasizing the importance of carefully interpreting patent language to determine the essentiality of claim elements.

In our latest article, Lesley Caswell & Mary Murray of Aitken Klee LLP cover a rare federal court ruling where two AP&C patents related to metal powder manufacturing were invalidated for ambiguity. In this legal battle, the court's decision hinged on the unclear definition of a key patent term, setting a precedent in patent law. Dive into the full article to uncover the details of this landmark case and its implications for the industry.

Navigating the patent prosecution process can be a complex journey, especially for individual inventors and start-ups. Strong communication between patent agents and inventors is crucial to ensure a smooth and successful process. In this blog, (written by Chris Peng and adapted from an insightful IPIC Webinar by Richard Mar, Ilya Kalnish, and Tamara O’Connell), we explore essential strategies for agents to enhance their communication with inventors.

In the pharmaceutical area, the issue of inducing infringement is an important one. Consider the fact situation: A brand company obtains a basic patent on a new compound A....

IP Conciliation Proceeding is a tool available in Japan, aiming to resolve an IP dispute between parties in a speedy manner based on the proposition that parties have agreed to bring their dispute through IP Conciliation and have engaged in negotiation prior to the proceeding. IP Conciliation Proceeding is different from litigation and provisional disposition.