IP Perspectives

Federal Court invalidates all but a single claim for failure to meet promises in mechanical patent

The recent Federal Court decision in Eurocopter v. Bell Helicopter Textron Canada Limitée, 2012 FC 113, illustrates the risk of including a promise in a mechanical patent specification where the utility for the full scope of the claimed subject matter cannot be demonstrated or soundly predicted at the application filing date.

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The one-year grace period for patent filing in Canada: An overview for U.S. practitioners

While Canada and the U.S. both provide a one-year grace period for disclosures made by inventors, there are differences between the Canadian provisions and both the current U.S. provisions and the U.S. provisions under the Leahy-Smith America Invents Act. These differences can affect filing strategies in Canada and the U.S.

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Kaboom! Sound marks are now registrable in Canada

Two decades ago, Smart & Biggar was successful in registering Canada's first and only sound mark. Since that time, and until March of 2012, the Canadian Trademarks Office refused to register any other sound marks. On March 28, 2012, the Trademarks Office issued a practice notice indicating that sound marks are now registrable.

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Limitation on the scope of the good faith requirement in Canadian patent prosecution upheld on appeal

The Canadian Federal Court in Weatherford Canada Ltd. v. Corlac Inc., 2010 FC 602, appeared to have limited the duty of good faith under section 73 of the Canadian Patent Act to issues relating to requisitions that the Examiner has issued during prosecution. This decision was upheld on appeal.

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Significant amendments proposed to Canada's Trademarks Regulations

The Trademarks Office has proposed significant amendments to the Trademarks Regulations that, if implemented, will have a substantive impact beyond purely procedural changes.

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Ontario Court of Appeal expands Canadian privacy law

In what is likely to be one of the most talked about Canadian privacy law decisions of the year, the Ontario Court of Appeal in Jones v. Tsige, 2012 ONCA 32, recognized the existence of a right of action for the privacy tort of intrusion upon seclusion.

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RANKINGS AND RECOGNITIONS

Smart & Biggar/ Fetherstonhaugh is proud to have been recognized with four prestigious awards by the U.K. publication Managing Intellectual Property (MIP)
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Firm dominates in IAM Patent 1000 – The World's Leading Patent Practitioners 2012
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Smart & Biggar/ Fetherstonhaugh dominates the rankings in IP law in the 2012 edition of The Canadian Legal Lexpert® Directory
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Firm achieves top ranking in the International Who's Who of Patent Lawyers 2012 edition
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Smart & Biggar/ Fetherstonhaugh named a leading firm in the 2012 edition of the PLC Cross-border Life Sciences Handbook
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Smart & Biggar/ Fetherstonhaugh tops WTR 1000 rankings and is recognized as a "trademark powerhouse"
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Smart & Biggar tops the rankings in Chambers Global — The World's Leading Lawyers for Business – "A really great IP boutique"
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Smart & Biggar/ Fetherstonhaugh recognized as "the biggest and deepest IP shop in Canada" by Benchmark Litigation Canada 2012
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ANNOUNCEMENTS

John W. Knox elected Vice-President of FICPI Canada
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Smart & Biggar/ Fetherstonhaugh welcomes new associates
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Daphne C. Lainson receives the Ottawa Businesswoman of the Year award
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SEMINARS AND PRESENTATIONS

Learn more about our professionals' most recent speaking engagements
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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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