Canadian Patent Update

The Canadian Intellectual Property Office has announced a few changes to patent practice this summer. These are a few of the highlights:

  • Changes in Title: For changes in ownership that occurred prior to the filing of an application for a patent, applicants now need only provide a declaration (rather than evidence) of the chain of title.
  • “Small Entity” Definiton: Small entities pay lower fees for filing. The definition of “small entity” for these purposes is now defined as an entity that employs 50 or fewer employees.  Entities that are controlled directly or indirectly by an entity that employs more than 50 employees are excluded, as are entities that have entered into a license with an entity that has more than 50 employees.  Universities also qualify as small entities by definition.
  • Electromagnetic Signals: Claims to electromagnetic and acoustic signals are forms of energy and are not patentable. This does not apply to methods, processes, machines or manufactures involved in the generation, transmission, reception, or processing of such signals.

 

Calgary – 11:10 MST

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