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Canadian Patent Law, 5th Edition is a comprehensive treatise on patents, written by and for patent prosecutors, rather than patent litigators or legal academics. It covers the most fundamental legal and practical issues that Canadian patent lawyers and patent agents are likely to face in everyday practice before the courts and the Canadian Intellectual Property Office (CIPO).
The fifth edition explores legislative and judicial developments in patent law and practice since the fourth edition published in 2021. It also includes drawings and flowcharts to explain complex issues such as novelty grace periods, patent filing procedures, and prosecution with CIPO.
What's New In This Edition
- The introduction of extra claims fees during prosecution
- Mandatory requests for continued examination once a third office action issues during prosecution or once a second office action issues after a request for continued examination has been made
- The previous withdrawal from allowance procedure that has been replaced with an option to continue prosecution after allowance by voluntarily requesting continued examination
- Where "minor defects" are identified in an otherwise allowable patent application, a patent examiner may now issue a conditional notice of allowance requiring submission of corrective amendments or arguments in addition to payment of the final fee
- The most recent pronouncement of the Supreme Court of Canada in Nova Chemicals Corp. v. Dow Chemical Co. ([2022] S.C.J. No. 43), where bargain theory was applied to the disgorgement remedy
- The Federal Court of Appeal decision in Canada (Attorney General) v. Benjamin Moore & Co. (2023 FCA 168)
- The unnecessarily limited scope of statutory privilege as interpreted by the Federal Court in Janssen Inc. v. Sandoz Canada Inc. (2021 FC 1265)
- Governance, competency, licensure, investigation and discipline of agents, mandatory errors and omissions insurance and unauthorized practice
- The respective roles of the College and the Intellectual Property Institute of Canada (IPIC)
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