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November 1, 2007

CIPO News Update — November 2007

Get the latest IP news from this month's edition of CIPO News Updates

October 12, 2007

CIPO takes part in 2007 Small Business Week® from October 14 to 20

From October 14 to 20, CIPO will take part in various events across Canada as part of the Small Business Week® organized by the Business Development Bank of Canada.

The theme of Small Business Week®A world without boundaries — recognizes the efforts made by our entrepreneurs to translate into action high-potential creative ideas and their contribution to the development of the national economy. As part of this event, CIPO will offer seminars and exhibit information kiosks to raise awareness among SMEs about the potential rewards of intellectual property.

Visit the Small Business Week® page to obtain more information and tools as well as the calendar of events to know when CIPO will come to your town!

October 9, 2007

Patent Office Practice Regarding Sequence Listings

With the new Patent Rules that came into force on June 2, 2007, there were a number of changes regarding the format of sequence listings. This practice notice will help clarify the amendments and considers the impact these changes will have on stakeholders. Read more in the Canadian Patent Office Record (CPOR).

October 2, 2007

Notice regarding small entity declarations

This new Patent Notice provides clarification around small entity declarations accepted by the Patent Office. Applicants and patentees should be aware that in any case where small entity status has been claimed, if there is not already a small entity declaration compliant with s.3.01(1) of the Patent Rules filed in connection with the application or patent, a compliant small entity declaration must be filed before or with the first small entity payment made after June 2, 2007. Read more in the CPOR.

October 1, 2007

CIPO News Update — October 2007

Get the latest IP news from this month's edition of CIPO News Updates.

October 1, 2007

Trade-marks Opposition Board Regulatory Amendments and Practice Notice come into force!

Today on October 1, 2007, important regulatory amendments to prescribed time limits in opposition proceedings and a new practice with respect to the procedure before the Trade-marks Opposition Board come into force. We encourage you to read the practice notice to become acquainted with the new opposition procedures.

The amendments affect Rules 39, 41 and 42 of the Trade-mark Regulations insofar as they relate to a trade-mark application advertised in the Trade-marks Journal on or after October 1, 2007 and are as follows:

  • The prescribed time limit for filing and serving a counter statement pursuant to Rule 39 has been increased to two months;
  • The prescribed time limit for filing and serving opponent’s evidence or a statement pursuant to Rule 41 has been increased to four months
  • The prescribed time limit for filing and serving applicant’s evidence or a statement pursuant to Rule 42 has been increased to four months.

For opposition proceedings relating to an application for the registration of a trade-mark that was advertised in the Trade-marks Journal before October 1, 2007, the application shall be conducted in accordance with Rules 39, 41 and 42 of the Trade-marks Regulations, previously the Trade-mark Regulations (1996), as they read on September 30, 2007. This means that:

  • The prescribed time limit for filing and serving a counter statement under Rule 39 of the Regulations is one month;
  • The prescribed time limit for filing and serving opponent’s evidence or a statement pursuant to Rule 41 of the Regulations is one month; and
  • The prescribed time limit for filing and serving applicant’s evidence or a statement pursuant to Rule 42 of the Regulations is one month.

Amendments to the Regulations with respect to objection proceedings under Section 11.13 of the Trade-marks Act have also come into force today. To view the amended regulations please visit the Canada Gazette II website.

For detailed information about the practice, including questions and answers, please visit CIPO’s website at: www.cipo.gc.ca/TMOBchanges

September 19, 2007

Commissioner of Patents authorizes the manufacture of an anti-viral drug to Rwanda

On September 19, 2007, the Commissioner of Patents granted to the generic drug company Apotex, Inc. an authorization to manufacture a pharmaceutical product used in the treatment of HIV/AIDS for export to Rwanda.

This first authorization falls under Canada's Access to Medicines Regime (CAMR), which was established as a result of amendments to the Patent Act and the Food and Drugs Act, and the adoption of the Use of Patented Products for International Humanitarian Purposes Regulations.

These amendments resulted from an August 2003 World Trade Organization (WTO) Decision on Access to Medicines that waived certain international trade obligations relating to patented drugs and medical devices. These obligations were thought to be barriers to developing and least-developed countries' access to affordable treatments.

CAMR allows the Commissioner of Patents to authorize, under section 21.04 of the Patent Act, the use of inventions pertaining to Canadian patents in order to facilitate the provision of pharmaceutical products to developing nations facing public health crises such as AIDS, malaria and tuberculosis. Drugs exported under CAMR must meet the same safety, efficacy and quality standards as those approved for sale in Canada.

Related links
CAMR References
Applications for authorizations received by CIPO

 

September 19, 2007

Bill C-47 the Olympic and Paralympic Marks Act

On June 22, 2007, Industry Canada announced that Bill C-47 received Royal Assent. In preparation for the 2010 Vancouver Olympic Games, Bill C-47 is the Olympic and Paralympic Marks Act that will protect marks related to the Olympic Games and the Paralympic Games.

Stay tuned to CIPO’s website for future updates on the Act, including information on when it comes into force. If you have any questions, please contact us.

September 17, 2007

Merge of Strategis.gc.ca with ic.gc.ca

We are pleased to inform you that on Monday, September 17, 2007, the merging of Strategis with ic.gc.ca will commence. From this date on, all Strategis information will be found on www.ic.gc.ca.

The merged site is a response to client and stakeholder requests for a simplified and unified web presence. The site navigation has been improved to enhance usability, and the information has been categorized so that you can find what you are looking for quickly and easily.

All links from Strategis will automatically be forwarded to www.ic.gc.ca. The redirects will remain in place for several months to allow you adequate time to update your bookmarks.

For more information on the new website, please contact Industry Canada:

Telephone: 613-954-5031
Toll-free: 1-800-328-6189 (Canada)
TTY (for hearing-impaired only): 1-866-694-8389 (toll-free)
Fax: 613-954-2340
Email: info@ic.gc.ca

September 11, 2007

CIPO welcomes top winners from the Canada-Wide Science Fair

The top three winners of the Canada-Wide Science Fair participated in CIPO's first-ever Canadian Youth Innovators' Tour. Read more about the Tour!

September 7, 2007

Client Service Standards for 2007-08

The Canadian Intellectual Property Office, as a client-centred organization, has recently updated its Client Service Standards to better reflect its 2007-08 service delivery commitments. These commitments include providing clients with the highest quality service possible, and continuously improving these services. We recognize that service standards are an essential part of good management, and that clients are entitled to know what service delivery to expect.

In comparison with the year before, we have improved the turnaround times for the patent application first substantive examination action; issuing decisions for the Trade-marks Opposition Board; registering a Copyright and issuing a certificate for an application received by mail; and registering a grant of interest and issuing a Copyright certificate. Also, the service standards relating to the Client Service Centre (CSC) were modified to a specific number of "hours" from "working days" to clarify the delay is during CSC business hours.

September 5, 2007

CIPO News Update — September 2007

Get the latest IP news from this month's edition of CIPO News Updates.

September 4, 2007

Coming Soon: Trade-marks Opposition Board Regulatory Amendments and Practice Notice come into force on October 1, 2007

Important regulatory amendments to prescribed time limits in opposition proceedings and a new practice with respect to the procedure before the Trade-marks Opposition Board will come into force on October 1, 2007.

Amendments to the Trade-mark Regulations (hereafter the "Regulations") that will come into force on October 1, 2007 affect Rules 39, 41 and 42 of the Regulations insofar as they relate to a trade-mark application advertised in the Trade-marks Journal on or after October 1, 2007. They are as follows:

  • The prescribed time limit for filing and serving a counter statement pursuant to Rule 39 of the Regulations has been increased to 2 months;
  • The prescribed time limit for filing and serving opponent's evidence or a statement pursuant to Rule 41 of the Regulations has been increased to 4 months;
  • The prescribed time limit for filing and serving applicant's evidence or a statement pursuant to Rule 42 of the Regulations has been increased to 4 months.

For opposition proceedings relating to an application for the registration of a trade-mark that was advertised in the Trade-marks Journal before October 1, 2007, the opposition will be conducted in accordance with Rules 39, 41 and 42 of the Regulations, previously the Trade-mark Regulations (1996), as they read on September 30, 2007. This means that:

  • The prescribed time limit for filing and serving a counter statement pursuant to Rule 39 of the Regulations is 1 month;
  • The prescribed time limit for filing and serving opponent's evidence or a statement pursuant to Rule 41 of the Regulations is 1 month; and
  • The prescribed time limit for filing and serving applicant's evidence or a statement pursuant to Rule 42 of the Regulations is 1 month.

Amendments to the Regulations with respect to objection proceedings under Section 11.13 of the Trade-marks Act will also come into force on October 1, 2007. To view them please visit the Canada Gazette II website at http://canadagazette.gc.ca/partII/2007/20070516/html/sor91-e.html

We encourage you to read the practice notice that will come into force on October 1, 2007 currently posted on CIPO's website at www.cipo.gc.ca/TMOBchanges to become familiar with it.

For questions about the practice notice and regulatory amendments that will come into force on October 1, 2007, please contact us.

August 31, 2007

CIPO's 2007-08 Business Plan is now online

Our 2007-08 Business Plan highlights key activities that are being carried out to support chosen strategic directions and our long-term objectives to: deliver superior client value; and support Canadian business growth and innovation.

This fiscal year CIPO will put in place a strategic plan for 2007-2012 that identifies five strategic directions that reflect our vision for better enabling Canadians to participate and contribute to a competitive, growing knowledge-based economy through the IP system. These five strategic directions serve to focus our efforts in delivering on our vision of becoming a leading IPO and are: client services and outreach, which together constitute the core of our business; the IP administrative framework; our efforts on the international front; and, our people. CIPO is also undertaking a business transformation initiative, "Enterprise Business Renewal" (EBR), which will be an important lever to improve client services and internal process efficiencies.

Through its strategic directions and the EBR initiative, CIPO is committed to achieving results as set out in the 2007-08 Business Plan, and is continuing to address clients' evolving needs and priorities by progressing on the three main service improvement areas identified in its 2005 National Client Survey — communications, accessibility, and turnaround times.

August 14, 2007

Patent Office Practice Regarding Signals

On August 14, 2007, the Patent Office formally expressed its position on claims to electromagnetic and acoustic signals, i.e. that they are forms of energy and do not contain matter even though the signal may be transmitted through a physical medium. Therefore, electromagnetic and acoustic signals do not constitute statutory subject matter within the meaning of the definition of invention in section 2 of the Patent Act. Read more in the Canadian Patent Office Record (CPOR).

August 7, 2007

New IP Related Resources

In our efforts to raise awareness and increase knowledge of intellectual property (IP) in the education sector, CIPO has compiled a list of links that will be useful for students wishing to learn about IP. Check out this new content on the Learn About IP page under the heading IP in Education. Start learning now!

July 27 , 2007

Highlights of the Results from the Focus Groups of Intellectual Property Agents

The Canadian Intellectual Property Office (CIPO) recently organized a series of focus groups in most large Canadian cities to determine its clients' point of view. The aim was to help CIPO understand the vision that IP agents have of a "leading Intellectual Property Office (IPO)" and look at CIPO in this context.

| Read the full article |

July 17 , 2007

Updated Correspondence Procedures

An update of Correspondence Procedures of the Canadian Intellectual Property Office (CIPO) is now available in the Canadian Patent Office Record (CPOR). These procedures are related to any official correspondence, paper or electronic, sent to CIPO and pertaining to Patents, Trade-Marks, Copyrights, Industrial Designs and Integrated Circuit Topographies. The Procedures reviews general information regarding correspondence, as well as recent changes in procedures resulting from new regulations that came into effect on June 2, 2007 Globe icon denoting a link that opens new window to a non-CIPO site.. Ways of submitting correspondence to CIPO are summarized in the Procedures notice, including documents filed in electronic form in connection with patents and applications. In addition, a list of correspondence that can be sent in via CIPO's website for Copyrights, Industrial Designs, and Integrated Circuit Topographies are listed in the notice, as well as amended rules of correspondence regarding receipt of mail in the Integrated Circuit Topography Regulations Globe icon denoting a link that opens new window to a non-CIPO site.. Read more about acceptable formats for electronic media, file formats and other pertinent details concerning correspondence procedures in the CPOR.

July 4 , 2007

New regulations amending the Patent Rules

Rules amending the Patent Rules were published in the Canada Gazette, Part II, Vol. 141, No. 10 Globe icon denoting a link that opens new window to a non-CIPO site., on May 16, 2007, and came into force on June 2, 2007. In order to facilitate a smooth transition, the Patent Office has highlighted several key changes in the new regulations, as listed below, that may affect patent applicants/holders. The following does not offer legislative advice - it is an operational view of the impact of the changes. Read the full article.

July 4 , 2007

Notice regarding changes to Industrial Designs E-Filing

Please note that there are minor changes to the electronic forms for filing an application and an assignment. The form previously entitled “Filing an Assignment or Licence” is now referred to as “Filing an Assignment or Other documents”. In addition, only image files with the extension ‘.TIFF' and ‘.JPG' can be attached to the application form and only image files with the extension ‘.TIFF' can be attached to the assignment form. There are also some minor changes to the fields in the form.

If you have any questions, please contact us.


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Last Modified: 2007-11-01 Top of Page Important Notices