ipatents

[ipatents]

2019 Patent Agent Exam Dates Set

The Canadian patent agent licensing exams will be held on April 30, May 1, 2, 3, 2019, according to an announcement on the CIPO website.

The deadline to apply, furnish evidence of relevant work experience (two years) and pay the $200 fee (per paper) is December 6, 2018 (a strict deadline).

The notice states:

Under the provisions of subsection 14(2) of the Patent Rules, notice is hereby given that the 2019 examination will be held on April 30, May 1, 2 and 3.

A person who proposes to sit for the examination must notify the Commissioner of Patents in writing by filing and printing the form (PDF 396 KB; 2 pages or HTML), furnish the Commissioner with evidence establishing that they meet the requirements set out in subsection 12(a) of the Patent Rules and pay the prescribed fee ($200 per paper).

The deadline to apply, furnish evidence and pay the fee is December 6, 2018. When applying, it is essential to indicate which paper(s) will be written.

Please note CIPO's refund policy for the Patent Agents Qualifying Examination pursuant to subsection 4(11) of the Patent Rules. A candidate for the examination will only be given a refund for a given paper if the candidate has, subsequent to the time the examination was applied for, received notification that the candidate has passed an equivalent paper of a previous examination and requests the refund within 30 days of receipt of that notification.

Please also note CIPO's Guidelines for Candidate's Requesting Accommodation. Requests for accommodation and all supporting documentation must be submitted no later than 45 days prior to the date of the scheduled examination to allow for the Examination Coordinator to arrange for the accommodation if approved. Late requests for accommodation may not be accepted.

For more information, please contact: ic.cipoagentexams-opicexamenagent.ic@canada.ca.

[ipatents]

2018 Patent Agent Exam Dates Set

The Canadian patent agent licensing exams will be held on May 1, 2, 3, and 4, 2018, according to an announcement on the CIPO website.

The deadline to apply, furnish evidence of relevant work experience (two years) and pay the $200 fee (per paper) was December 6, 2017 (a strict deadline).

The notice states:

Under the provisions of subsection 14(2) of the Patent Rules, notice is hereby given that the 2018 examination will be held on May 1, 2, 3 and 4, 2018.

A person who proposes to sit for the examination must notify the Commissioner of Patents in writing by filing and printing the form (PDF or HTML), furnish the Commissioner with evidence establishing that they meet the requirements set out in subsection 12(a) of the Patent Rules, and pay the prescribed fee ($200 per paper).

The deadline to apply, furnish evidence and pay the fee is December 6, 2017. When applying, it is essential to indicate which paper(s) will be written.

Please note CIPO's refund policy for the Patent Agents Qualifying Examination pursuant to subsection 4(11) of the Patent Rules. A candidate for the examination will only be given a refund for a given paper if the candidate has, subsequent to the time the examination was applied for, received notification that the candidate has passed an equivalent paper of a previous examination and requests the refund within 30 days of receipt of that notification.

Please also note CIPO's Guidelines for Candidate's Requesting Accommodation. Requests for accommodation and all supporting documentation must be submitted no later than 45 days prior to the date of the scheduled examination to allow for the Examination Coordinator to arrange for the accommodation if approved. Late requests for accommodation may not be accepted.

For more information, please contact: ic.cipoagentexams-opicexamenagent.ic@canada.ca.

[ipatents]

Canadian Patent Agent Exam Results - 2016

The Canadian Patent Office has released a report regarding the 2016 sitting of the patent exams. These are the notoriously difficult licensing exams that prospective patent agents in Canada must get through to practise their trade.

According to the report, 14 of 139 candidates passed in 2016. This is an abysmal figure representing a 12% pass rate, which is extremely low compared to previous years.

The difficulty of the exams can be appreciated by checking the statistics included within the reports. For example, the highest mark achieved by any candidate on the infringement paper (Paper D) was 61.5%. A 60% is needed to pass. Only 3 candidates earned a grade of 60% or higher. 

[ipatents]

2017 Patent Agent Exam Dates Set

The Canadian patent agent licensing exams will be held on April 25, 26, 27, and 28, 2017, according to an announcement on the CIPO website.

The deadline to apply, furnish evidence of relevant work experience (expanded to two years) and pay the $200 fee (per paper) was December 8, 2016 (a strict deadline).

The notice states:

Under the provisions of subsection 14(2) of the Patent Rules, notice is hereby given that the 2017 examination will be held on April 25, 26, 27 and 28, 2017.

A person who proposes to sit for the examination must notify the Commissioner of Patents in writing, furnish the Commissioner with evidence establishing that they meet the requirements set out in paragraph 12(a) of the Patent Rules, and pay the prescribed fee ($200 per paper).

The deadline to apply, furnish evidence and pay the fee is December 8, 2016. When applying, it is essential to indicate which paper(s) will be written. Applicants should identify at least the following:

The language they intend to write the paper(s); The language for communication; The address for communication; and The e-mail for communication.

Please note CIPO's refund policy for the Patent Agents Qualifying Examination, pursuant to subsection 4(11) of the Patent Rules. A candidate for the examination will only be given a refund for a given paper if the candidate has, subsequent to the time the examination was applied for, received notification that the candidate has passed an equivalent paper of a previous examination and requests the refund within 30 days of receipt of that notification.

Please also note CIPO's Guidelines for Candidate's Requesting Accommodation. Requests for accommodation and all supporting documentation must be submitted no later than 45 days prior to the date of the scheduled examination to allow for the Examination Coordinator to arrange for the accommodation if approved. Requests that are made on very short notice may not be accommodated, for example, due to inadequate resources or the unavailability of persons with appropriate expertise.

[ipatents]

Chumak & Company LLP

Yuri Chumak announces a restructuring of his law practice and a new partnership called Chumak & Company LLP,  with partner Peter Elyjiw.

For more information, please visit the following link:

http://www.chumakcompany.com/news/2016/10/25/seasoned-ip-lawyers-announce-restructuring-a-new-partnership-chumak-company-llp

[ipatents]

Canadian Patent Agent Exam Results - 2014 and 2015

The Canadian Patent Office has released reports regarding the 2014 and 2015 sittings of the patent exams. These are the notoriously difficult licensing exams that prospective patent agents must get through to practise their trade.

According to the reports, 29 of 149 candidates passed in 2015, and 40 of 196 passed in 2014. This compares to only 17 of 231 successful candidates in 2012, an abysmal figure.

The difficulty of the exams can be appreciated by checking the statistics included within the reports. For example, in 2014, the highest mark achieved by any candidate on the infringement paper (Paper D) was 69%. A 60% is needed to pass. In 2015, the highest mark on Paper D was 61%.

[ipatents]

2016 Patent Agent Exam Dates Set

The Canadian patent agent licensing exams will be held on April 19, 20, 21, and 22, 2016, according to an announcement on the CIPO website.

The deadline to apply, furnish evidence of relevant work experience (expanded to two years) and pay the $200 fee (per paper) was December 3, 2015 (and it was a strict deadline).

The Notice states:

“Under the provisions of subsection 14(2) of the Patent Rules, notice is hereby given that the 2016 examination will be held on April 19, 20, 21, and 22, 2016.

A person who proposes to sit for the examination must notify the Commissioner of Patents in writing, furnish the Commissioner with evidence establishing that they meet the requirements set out in paragraph 12(a) of the Patent Rules, and pay the prescribed fee ($200 per paper).

The deadline to apply, furnish evidence and pay the fee is December 3, 2015. When applying, it is essential to indicate which paper(s) will be written.

Please note CIPO's refund policy for the Patent Agents Qualifying Examination, pursuant to subsection 4(11) of the Patent Rules. A candidate for the examination will only be given a refund for a given paper if the candidate has, subsequent to the time the examination was applied for, received notification that the candidate has passed an equivalent paper of a previous examination and requests the refund within 30 days of receipt of that notification.

Please also note CIPO's Guidelines for Candidate's Requesting Accommodation. Requests for accommodation and all supporting documentation must be submitted no later than 45 days prior to the date of the scheduled examination to allow for the Examination Coordinator to arrange for the accommodation if approved. Requests that are made on very short notice may not be accommodated, for example, due to inadequate resources or the unavailability of persons with appropriate expertise.

For more information, please contact: ic.cipoagentexams-opicexamenagent.ic@canada.ca.”

[ipatents]

Global Dossier Initiative: A First Step Towards a Global Patent?

The Global Dossier Initiative is an effort by the IP Offices of five jurisdictions (Europe, the U.S., Japan, South Korea and China) to modernize the global patent system. Recently, the Initiative released a new online tool giving access to the file histories of related patent applications made in any of the so-called "IP5." The tool provided by the group - which for now does not include the Canadian IP Office - offers many features for users:

"By using this service, users can see the patent family for a specific application, containing all related applications filed at participating IP Offices, along with the dossier, classification, and citation data for these applications. This service also provides Office Action Indicators to help users identify applications that contain office actions, a Collections View for saving documents and applications for review later on in the session, and the ability to download the documents in an application."

The Initiative's goals are modest, at least initially: facilitating cross-filings, one-portal access to applications, eliminating certain filing requirements (priority documents, prior art citations) and providing machine translations of applications, citations, and examination reports.

Beyond these gains, further cooperation between the IP Offices may well lead to the emergence of another new and useful invention: a global patent.

[ipatents]

CBA Quarterly Case Summaries

The Canadian Bar Association, IP Section, has released more case summaries and changed the way previous cases have been posted. The summaries can be read by following this link.

Link to previously released case summaries.

[ipatents]

IP in Canada’s 2015 Budget

Significant changes are coming to the patent and trademark profession in Canada, as outlined in just a few short statements from the Finance Minister’s 2015 budget outline (clipped below). The force majeure remedies are not controversial but extending statutory privilege to agents is a major move that would help level the playing field between lawyers and non-lawyer agents. On the day of the budget announcement, the IP Institute of Canada issued a press release praising the government’s action.

Is this a first step to the creation of a self-regulating College for patent and trademark agents? How will the bar and courts in Canada react to the extension of privilege to non-lawyers? It will be interesting to observe these details and reactions when the full text of the budget bill is released.

From the Budget document:

“Economic Action Plan 2015 proposes to modernize Canada’s intellectual property framework to help innovators better protect their intellectual property. Intellectual property is a valuable strategic asset for businesses competing in local and global markets. The Government has a strong record of taking action to ensure Canada’s intellectual property framework provides robust, balanced protection for consumers and rights holders. The 2012 Copyright Modernization Act updated Canada’s copyright laws for the digital age; the Combatting Counterfeit Products Act implemented new measures to address the serious problem of counterfeit goods; and Economic Action Plan 2014 harmonized Canada’s intellectual property administration framework with international norms, helping innovative Canadian businesses access international markets, lowering costs and reducing the regulatory burden and red tape. Building on these measures, Economic Action Plan 2015 proposes to further modernize Canada’s intellectual property framework to keep pace with internationally recognized best practices. The Government will propose amendments to the Patent Act, Trade-marks Act and Industrial Design Act to provide intellectual property agents with a statutory privilege for confidential communications with clients, enhancing Canada as a place in which to invent and market inventions. This measure will bring Canada’s framework in line with other common law countries such as Australia, New Zealand and the United Kingdom. Amendments will also be proposed to modernize administrative practices and increase clarity and legal certainty for businesses. For example, proposed amendments would provide the Canadian Intellectual Property Office with the ability to extend key deadlines in cases of force majeure events such as floods or ice storms.“

Source: http://www.budget.gc.ca/2015/docs/plan/budget2015-eng.pdf

[ipatents]

CBA Quarterly Case Summaries

The Canadian Bar Association, IP Section, has released more case summaries. The collection includes:

July 1 to September 30, 2014

October 1 to December 31, 2014

Link to previously released case summaries.

[ipatents]

Guidance on accommodations for those writing the patent agent licensing exams

The Examining Board of the Patent Office recently released guidance to address special accommodations for those writing the patent exams (e.g., to be able to write on a computer rather than on paper). A request must be submitted with each sitting of the exams and the candidate's physician is required to fill out a specific form. The decision whether to grant a particular accommodation rests with the Chair of the Examining Board.

[ipatents]

2015 Patent Agent Exam Dates Set

The Canadian patent agent licensing exams will be held on April 28, 29, 30, and May 1, 2015, according to an announcement on the CIPO website.

The deadline to apply, furnish evidence of relevant work experience (expanded to two years) and pay the $200 fee (per paper) is December 2, 2014 (and it is a strict deadline).

The notice states:

Under the provisions of subsection 14(2) of the Patent Rules, notice is hereby given that the 2015 examination will be held on April 28, 29, 30, and May 1, 2015.

A person who proposes to sit for the examination must notify the Commissioner of Patents in writing, furnish the Commissioner with evidence establishing that they meet the requirements set out in paragraph 12(a) of the Patent Rules, and pay the prescribed fee ($200 per paper).

The deadline to apply, furnish evidence and pay the fee is December 2, 2014. When applying, it is essential to indicate which paper(s) will be written.

Please note CIPO's refund policy for the patent agents qualifying examination, pursuant to subsection 4(11) of the Patent Rules. A candidate for the examination will only be given a refund for a given paper if the candidate has, subsequent to the time the examination was applied for, received notification that the candidate has passed an equivalent paper of a previous examination and requests the refund within 30 days of receipt of that notification.

The eligibility requirements have changed in 2014: all candidates must submit the required evidence demonstrating that the requirements have been met.

For more information, please contact CIPOAgentExams@ic.gc.ca.

[ipatents]

CBA Quarterly Case Summaries

The Canadian Bar Association, IP Section, has released more case summaries. This release covers April 1 to June 30, 2014.

Link to previously released��case summaries.

[ipatents]

The key holding in today's Alice Corp v. CLS Bank software patent decision

"We hold that the claims at issue are drawn to the abstract idea of intermediated settlement, and that merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible invention."

The highly anticipated decision in Alice Corp v. CLS Bank Int'l was released today. Justice Thomas wrote the majority opinion.