IP Perspectives

Summer 2011

Considerations when using the new "green" accelerated examination procedure

There are a number of considerations to keep in mind before making a request under CIPO's new program for accelerating examination of patent applications relating to environmental ("green") technologies.

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CIRA expected to introduce substantive changes to CDRP

The Canadian Internet Registration Authority recently published a proposed draft revised CIRA Domain Name Dispute Resolution Policy, which is expected to come into effect by the fall of 2011.

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Canadian Patent Office grants claims to monoclonal antibodies without a working example

In Re Immunex Corporation Patent Application No. 583,988 (Commissioner's Decision No. 1302), for the first time, the Commissioner of Patents has allowed claims directed to monoclonal antibodies in the absence of a working example in the patent specification demonstrating the preparation of at least one monoclonal antibody within the scope of the claims.

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Fee refund derails applicant's attempt to reinstate patent application

The Federal Court of Canada has ruled that CIPO cannot reverse its own prior acceptance of a reinstatement request if the statutory requirements were satisfied, even if the request was made by an unauthorized party.

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Extension of time and reinstatement provisions in Canada

It is important to be cognizant of the provisions that offer the possibility of extensions of time and/or reinstatement of applications filed in Canada as they may allow applicants, in some circumstances, to preserve rights that otherwise might have been lost.

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Supreme Court of Canada grants leave to appeal in Teva Canada Limited v. Pfizer Canada Inc.

The Supreme Court of Canada has granted Teva Canada Limited leave to appeal the Federal Court of Appeal's dismissal of Teva's appeal from an Order of prohibition regarding sildenafil (Pfizer's VIAGRA®).

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Rankings and recognitions

Smart & Biggar/Fetherstonhaugh chosen by Managing Intellectual Property as Canada's IP Firm of the Year, Trademark Firm of the Year, and recognized for success with the award for Canadian Case of the Year.

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Firm receives top recognition in IAM 250: Guide to the World's Leading Patent Litigators 2011.

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Smart & Biggar/Fetherstonhaugh achieves top ranking in IP law in the 2011 edition of The Canadian Legal Lexpert Directory.

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Firm achieves top ranking in the International Who's Who of Patent Lawyers 2011 edition.

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Firm dominates in PLC Cross-border IP in Business Transactions Handbook 2011/12.

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Smart & Biggar/Fetherstonhaugh recognized as a leading firm in the 2011 edition of the PLC Cross-border Life Sciences Handbook.

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Smart & Biggar/Fetherstonhaugh dominates rankings in World Trademark Review 1000.

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Announcements

Smart & Biggar/Fetherstonhaugh welcomes new associates.

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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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Smart & Biggar

Contact information

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

Elliott S. Simcoe (Editor)

Christine N. Genge (Editor)

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About Smart & Biggar/Fetherstonhaugh

With offices in Ottawa, Toronto, Montreal and Vancouver, Smart & Biggar/Fetherstonhaugh is Canada's largest firm practising exclusively in intellectual property and technology law. We have been repeatedly recognized as Canada's leading IP firm in numerous surveys of Canadian and international intellectual property law practitioners and litigators, and we are proud to work alongside the world's most innovative corporations and leading law firms to protect, exploit and litigate their IP rights in Canada. For more information on our firms, please click here.

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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