IP Perspectives

Double-patenting: the Canadian perspective for U.S. practitioners

Similarities and differences between the Canadian and U.S. double-patenting doctrines are discussed in this article and some strategies are identified for potentially mitigating double-patenting risks in Canada.

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Amendments to Canadian Patent Rules and Office practice bring opportunities for expedited patent examination

Recent amendments to the Canadian Patent Rules and changes to Canadian Patent Office practice now provide patent applicants with greater opportunities for expediting patent examination before the Canadian Intellectual Property Office.

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Summary judgment and summary trial: factors affecting availability of summary disposition in IP disputes under the new Federal Court Rules

The Federal Court Rules now provide summary judgment tools, which, if used effectively, can allow for a determination of issues short of trial (often on the basis of affidavit evidence).

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Supreme Court of Canada rules that a hyperlink is not "publication" of the content to which it refers

In a much anticipated decision relating to the scope of free expression on the Internet, the Supreme Court of Canada in Wayne Crookes, et al. v. Jon Newton, 2011 SCC 47, held that "a hyperlink, by itself, should never be seen as 'publication' of the content to which it refers."

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Copyright to be the focus of attention in fall 2011

As a result of upcoming legislative reform and five appeals to be heard by the Supreme Court of Canada, copyright will be in the spotlight in Canada until the end of 2011.

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Federal Court of Appeal upholds irrevocable abandonment of patent application

Excelsior Medical Corporation v. Attorney General of Canada, 2011 FCA 303, highlights the importance of ensuring that transfers of patent files between patent firms includes the filing of the requisite revocation and appointment documentation at the Patent Office.

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Rankings and recognitions

Firm recognized in IAM Licensing 250 - The World's Leading Patent & Technology Licensing Lawyers

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Brian G. Kingwell, Joy D. Morrow and Michael D. Manson named "Lawyers of the Year" by Best Lawyers

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Smart & Biggar/Fetherstonhaugh tops the rankings in The Best Lawyers in Canada®

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Smart & Biggar/Fetherstonhaugh recognized in The International Who's Who of Trademark Lawyers 2011

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Announcements

Smart & Biggar welcomes new associates

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Firm congratulates newest patent agent

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Firm news

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Seminars and presentations

Learn more about our professionals' most recent speaking engagements

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Publications

Learn more about our professionals' recent publications

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To offer your feedback on this newsletter or any of its articles, please contact:

Elliott S. Simcoe (Editor)

Christine N. Genge (Editor)

Disclaimer

The preceding is intended as a timely update on Canadian intellectual property law. To request a copy of any decision, paper or legislative document, or for more detailed information or to make suggestions, kindly contact an author of the relevant article or the editors, Elliott S. Simcoe or Christine N. Genge. The contents of this newsletter are informational only and do not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly. To join the IP Perspectives mailing list, be removed from the mailing list or make changes to contact information, please send an email to ipperspectives@smart-biggar.ca.

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