PMPRB’S INTERPRETATION OF “PATENTEE” OVERLY BROAD

Two recent Federal Court decisions considered the definition of a “patentee” in the context of the mandate of the Patented Medicines Pric... Read more »

Driving Alternative Inc. v. Jarvis, Federal Court Trial Division, 5 December 2012

The Federal Court holds that KEYS PLEEZZ is confusing and infringes upon the plaintiff’s mark KEYS PLEASE, but reduces the amount of damag... Read more »

Scott Miller Successfully Sets Aside a Decision of the Commissioner of Patent Office to Irrevocably Lapse a Patent

Scott Miller and the MBM Litigation Team successfully sets aside a decision of the Commissioner of Patents to irrevocably lapse a patent - n... Read more »

Computer Implemented Inventions - the Steampunk Test

Computer implemented inventions are often the subject of increased scrutiny at the Patent Office. Debates about software patents and bus... Read more »

MBM Successfully Upholds Agreement to Restrict Use of Descriptive Terms

Before the Ontario Superior Court of Justice, Scott Miller of MBM Intellectual Property Law LLP, representing Skipper Online Services (SOS)... Read more »

Protecting Plant Varieties in Canada

Protection for new plant varieties has been available for just over twenty years in Canada. As new technologies are sought for increasing an... Read more »

Supreme Court Decision Clarifies Relationship Between Common Law and Registered Trade-mark Rights

MASTERPIECE INC. v. ALAVIDA LIFESTYLES INC. Background and Judicial History Masterpiece Inc. and Alavida Lifestyles Inc. (“Alavida”) are... Read more »

IMPORTANT NOTICE: Expedited Examination Eligibility

APRIL 30th DEADLINE Expedited Examination: Deadline to Request Reinstatement of Abandoned Applications As noted in our newsflash of March ... Read more »

Newsflash | Changes to Expedited Examination in Canada

Changes relating to Expedited Examination in Canada came into force on March 3, 2011. These changes include: 1. Under current provisions to... Read more »

Sold in New Jersey = Sold in Canada

In its first decision of 2011 (see  Celgene Corporation v. Attorney General of Canada , 2011 SCC 1), the Supreme Court of Canada (“SCC”) cla... Read more »

Recent Developments in the Political Front Regarding Compulsory Licensing

Brand name pharmaceutical companies may want to keep themselves abreast of recent developments in respect of compulsory licensing of patente... Read more »

Another Strong Win By MBM - Empresa Cubana Del Tabaco Trading Also As Cubatabaco v. Shapiro Cohen and The Registrar Of Trade-marks

This was an appeal from two decisions of the Registrar of Trade-Marks expunging two Cohiba cigars trade-marks. The Court concludes that: 1... Read more »

MBM Wins Before the Federal Court - Repligen Corporation v. Attorney General Of Canada

The central argument in this judicial review of a patent decision – that was accepted by the Court – is below: B. The Applicant’s Oral Argu... Read more »

Filing Away into USA

An article in the Globe & Mail on January 17, 2011 highlights the record number of patents issued to Canadians in 2010, and included the... Read more »

Clarifying the Commissioner’s Discretion under S. 8 of the Patent Act

Congratulations to MBM on a successful Judicial Review of the Commissioner of Patent’s refusal to grant a S. 8 Clerical Error remedy on beha... Read more »