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Proactive Disclosure
What's New
March 11, 2010
Practice Notices on Extension of Time for Trade-marks and Industrial Designs – now in effect
The proposed Practice Notices concerning extension of time for Trade-marks and Industrial Designs were open for consultation throughout the month of October 2009. These Notices provide guidance on the practice of granting an extension of time to an applicant to file a response to an Examiner's report.
All comments received during this consultation have been considered, and the final Practice Notices are now in effect.
For more information, please see the Trade-marks Notice and the Industrial Design Notice.
February 19, 2010
Consultation – Industrial Designs Office: Information Open for Public Inspection (Feb 19 to April 19, 2010)
CIPO is committed to providing clients, including the general public, with the information they need about industrial designs. As most clients are already aware, the information that comprises the "Register of Industrial Designs" is open for public inspection.
CIPO welcomes your comments as to whether other types of information (i.e., in addition to the information available on the Register) would be useful to business if made publicly available. For more details, please see the consultation document.
February 3rd, 2010
Coming soon: E-filing & a new “Decisions” web page!
E-filing - Spring 2010 - Trade-mark Opposition Board (TMOB) will introduce electronic filing of requests for extensions of time and statements of opposition.
New “Decisions” web page - Coming Soon - TMOB is updating our website to provide summaries of featured decisions as well as improved access to all final decisions rendered in section 45 and opposition proceedings.
February 1st, 2010
Patent abstract text now available in both English and French
As part of the Canadian Intellectual Property Office's commitment to improve service to its clients, the Canadian Patents Database now contains abstract text in both official languages as received under the Patent Cooperation Treaty (PCT).
January 29th, 2010
Consultation - Trade-marks - (Jan 29 to Feb 28, 2010) Professional Designations and Abbreviations, Acronyms or Initials
The Trade-marks Office requests your participation in a consultation on two (2) proposed practice notices. These are intended to provide some clarification regarding the application of the provisions of paragraph 12(1)(b) of the Trade-marks Act to professional designations and to trade-marks that consist of or contain an abbreviation, acronym or initial.
Please see the following link for details. (Introduction to consultation).
January 18, 2010
Trade-mark News email subscription service now available
You can now register for this new email subscription service to stay in touch with the latest trade-marks developments at the Canadian Intellectual Property Office (CIPO)!
Issued by CIPO's Trade-marks Branch (TMB) and Trade-marks Opposition Board (TMOB), these emails will include:
- updates to the Wares and Services Manual;
- new consultations on trade-marks;
- practice notices on trade-marks; and
- "What's New" announcements on trade-marks posted on the CIPO website.
When a trade-marks update is posted on the CIPO web site by either TMB or TMOB, it will be emailed to you within 24 hours. Sign-up now!
January 11, 2010
Practice Notices on Extension of Time for Trade-marks and Industrial Designs – effective March 11, 2010
The proposed Practice Notices concerning extension of time for Trade-marks and Industrial Designs were open for consultation throughout the month of October 2009. These Notices provide guidance on the practice of granting an extension of time to an applicant to file a response to an examiner's report.
All comments received during this consultation have been considered, and final Practice Notices have been completed. These Notices will take effect as of March 11, 2010.
For more information, please see the Trade-marks notice page and the Industrial Design notice page.
January 6, 2010
Coming soon: Trade-mark News email subscription service
You will be able to stay in touch with the latest trade-marks developments at the Canadian Intellectual Property Office (CIPO) with a new email subscription service beginning January 18, 2010.
When a trade-marks update will be posted on the CIPO Web site by either Trade-marks Branch or Trade-marks Opposition Board, it will be emailed to you within 24 hours.
December 24 2009
Order amending Schedule 2 of The Olympic and Paralympic Marks Act
Pursuant to subsection 12(2)(b) of the Olympic and Paralympic Marks Act (the "Act"), the Order amends Schedule 2 of the Act by adding 38 new marks (4 words and 34 graphic designs) and prohibits them from being used by any person (including businesses) for business purposes until December 31, 2010, unless a specified exception in the Act applies
We encourage you to consult these links for further details:
- Order Fixing December 23, 2009 as the Date of the Coming into Force of the Act (Canada Gazette)
- Olympic and Paralympic Marks Act (Justice Canada)
- Olympic and Paralympic Marks Regulations (Canada Gazette)
December 15 2009
Consultation – Trade-marks - (Dec 15, 2009 to Mar 15, 2010) Proposal to amend the Trade-marks Act
The Trade-marks Office requests your participation in a consultation on a Proposal to amend the Trade-marks Act to more closely align it with modern business practices and international standards.
December 9, 2009
Rules Amending the Patent Rules
(Formerly, Proposed Amendments to the Patent Rules – Package #1)
December 9, 2009
Notice is hereby given that the Governor in Council has approved the Proposed Amendments to the Patent Rules – Package #1. The Rules Amending the Patent Rules will come into force on October 1, 2010.
The Rules Amending the Patent Rules:
- Simplify the definition of the term "description";
- Clarify the purpose of section 16(4);
- Consolidate provisions that address the establishment of a filing date;
- Clarify the confidentiality period;
- Amend incorrect reference to a section of the Patent Act regarding the payment of maintenance fees;
- Update the reference to the definition of "small entity" in Form 3 of Schedule I to the Rules;
- Clarify Form 3 of Schedule I to the Rules; and
- Simplify the completion requirements.
The Rules Amending the Patent Rules are part of CIPO's 2009-2010 activities that support the IP Administrative Framework, as set out in the 2007-2012 CIPO Strategic Plan. This includes simplifying and clarifying administrative processes for the delivery of services and products, improving legal certainty and reducing the administrative burden for clients. These amendments will assist clients in obtaining patent rights and provide greater flexibility through the elimination of several administrative requirements and the clarification of some Patent Rules provisions.
The Rules Amending the Patent Rules were published in Part II of the Canada Gazette on December 9, 2009:
You may obtain a paper copy of the Canada Gazette Part II by contacting:
Canadian Government Publishing
Communication Canada
Ottawa, Canada K1A 0S9
Telephone 1-800-661-2868
December 4, 2009
MOPOP, Release of revised chapters 12 and 13
The Commissioner of Patents is pleased to announce that she has authorised a revised chapter Chapter 12 of the MOPOP on the subject of Subject-Matter and Utility and a revised Chapter 13 of the MOPOP on the subject of Examination of Applications.
The revised chapters have an in-effect date of December 2009. Practices expressed in the MOPOP arise from the Office's interpretation of the Patent Act, Patent Rules and jurisprudence as of the date each chapter came into effect.
The February 2005 version of Chapter 16, Computer-Implemented Inventions, is presently being revised by the Patent Office; the guidance in this version may not accurately reflect Office practice and should not be relied on insofar as it is not consistent with more recent guidance. Readers are referred to Chapter 12 for current guidance respecting computer-implemented inventions. A revised version of Chapter 16 is expected to be available for public consultation in Spring 2010.
Should you have any questions about these revisions. Please send them by email to Chris Evans, by fax at 819-994-1989, or by regular mail to the following address:
Canadian Intellectual Property Office
Patent Branch
50 Victoria Street,
Place du Portage II
Gatineau, QC K1A 0C9
Attention: Chris Evans
November 16, 2009
Patent Branch to begin consultation on MOPOP Chapter 9: Description
As part of the ongoing regular process of updating the Manual of Patent Office Practice (MOPOP), the draft revised Chapter 9: Description is being released for public consultation today, November 16, 2009.
Stakeholders will have the opportunity to provide comments on the draft chapter from November 16, 2009, to December 30, 2009.
Chapter 9 deals with the requirements for providing a correct and full description of an invention; the proposed chapter revisions will provide greater detail for these requirements.
The MOPOP is published to provide patent examiners, applicants, agents, and the public in general with a guide on the procedures and practices relative to the prosecution of patent applications in Canada under the current Patent Act and Patent Rules. This Manual is to be considered solely as a guide and should not be quoted as an authority. Authority must be found in the Patent Act, the Patent Rules, and in decisions of the Courts interpreting them.
For any questions regarding the consultation process, please contact Chris Evans, at 819-934-2323 or by regular mail to the following address:
Canadian Intellectual Property Office
Patent Branch
50 Victoria Street,
Place du Portage II
Gatineau, QC K1A 0C9
Attention: Chris Evans
November 10, 2009
Consultation on the Repeal of the Timber marking Act and Rules
November 10, 2009 – January 8, 2010
The Copyright and Industrial Design Branch requests your participation in a consultation on the proposal to repeal the Timber marking Act and Timber marking Rules.
November 2, 2009
Practice Notice on Obviousness
The proposed Practice Notice concerning Obviousness was open for consultations from May 14, 2009, to June 19, 2009, inclusive. Consideration of comments received has been completed, and this Notice is in effect as of November 2, 2009.
This Notice concerns the practice guidance relied on by examiners when considering whether or not a claimed invention is obvious.
For more information, please see the Patent Notice page. You can also contact Programs Manager Chris Evans by email, or call the CIPO Client Service Center at 819-934-0544 or toll-free at 1-866-997-1936.
October 15, 2009
Celebrating Small Business Week
At the Canadian Intellectual Property Office (CIPO), we recognize that entrepreneurs and their innovative businesses are key to Canada's economic growth.
This is why every week at CIPO is Small Business Week!
Entrepreneurs are idea people – filled with concepts, aspirations and ambition. They see an opportunity at every turn and are continuously looking for improvements.
In today's global and digital marketplace, it is more important than ever for entrepreneurs to understand the value of their business' intellectual property. Many Canadian entrepreneurs hold a form of intellectual property without knowing it.
CIPO has a wide-range of resources for entrepreneurs wishing to manage their intellectual property assets.
CIPO's free databases are a valuable source for commercial and technical intelligence. For example this type of information can help businesses to review existing innovations thereby avoiding duplication of research and development; identify market trends; and look for licensing opportunities.
Know your intellectual property and stand out from your competitors!
October 6, 2009
Trade-marks - New and improved Wares and Services Guide
As part of the Canadian Intellectual Property Office's (CIPO) commitment to improving service to its clients, the Trade-marks Office has revised the Wares and Services Manual. This intensive revision has a two-fold benefit. It will allow clients to select more specific terms relating to the goods and services for their requested trade-marks. These will in turn also contribute to quicker turn-around times in the examination phase of these requests.
October 1, 2009
Consultation on Industrial Design Extension of Time Practice (October 1 to 31, 2009)
The Industrial Design Office requests your participation in a consultation on the proposed extension of time practice.
Canada signs three new PPH Pilot Program Agreements
Agreements to launch two-year pilot programs between Canada-Japan, Canada-Denmark, and Canada-Korea were signed in Geneva, Switzerland by Canadian Intellectual Property Office CEO Mary Carman.
The Patent Prosecution Highway (PPH) pilots will help advance patent examination in Canada, Japan, Denmark, and Korea by allowing applicants from these countries to obtain corresponding patents faster and more efficiently. It also will permit CIPO, the Japan Patent Office (JPO), the Danish Patent and Trademark Office (DKPTO), and the Korean Intellectual Property Office (KIPO) to benefit from work previously done by the other country's patent office, in turn reducing examination workload and improving patent quality.
These initiatives will be similar to the Canada-United States PPH pilot project that currently exists between CIPO and the United States Patent and Trademark Office (USPTO), which was initiated in January 28, 2008 and extended to January 28, 2011.
These PPH pilot programs will commence on October 1, 2009, for a period of two years ending on September 30, 2011. The trial period may be extended if necessary to adequately assess the feasibility of the PPH programs. The intellectual property offices will evaluate the results of their respective pilot programs to determine whether the programs should be fully implemented after the trial period.
During the pilots, CIPO will process requests for accelerated examination under the PPH programs free of charge. CIPO will evaluate what fees, if any, should apply for this service if it later becomes permanent. Regular fees (Schedule II of the Patent Rules) for requesting examination continue to apply.
This initiative supports CIPO's mandate to improve products, services and processes in areas of highest priority to clients while supporting the greater public good.
For more information on the pilots, visit the PPH webpage, or contact the PPH Project Manager by email: pph@ic.gc.ca, or by calling the CIPO Client Service Center at 819-934-0544 or toll-free at 1-866-997-1936.
Update to CIPO-USPTO PPH Pilot Program
Effective October 1, 2009, the requirements and procedures of the PPH pilot program have been revised to implement an enhanced practice of the claim correspondence requirement. The definition of claim correspondence has been amended to be more flexible by allowing the applicant to include claims that are narrower in scope before the office of second filing while still retaining sufficient correspondence between claims found to be allowable in the office of first filing and those before the office of second filing.
This update harmonizes the CIPO-USPTO PPH pilot program with the three new PPH pilot programs that CIPO has launched on October 1, 2009 with the Japan Patent Office (JPO), the Danish Patent and Trademark Office (DKPTO), and the Korean Intellectual Property Office (KIPO).
For more information on the pilot, visit the PPH webpage, or contact the PPH Project Manager by email: pph@ic.gc.ca, or by calling the CIPO Client Service Center at 819-934-0544 or toll-free at 1-866-997-1936.
September 16, 2009
Consultation - Trade-marks - (Sept 16 to Nov 15, 2009) Use and Registration Abroad
The Trade-marks Office requests your participation in a consultation on the processing of applications containing incomplete 16(2) claims. Please see the following link for details (Introduction to consultation).
