How To File A Patent In Canada

Erika MurrayNews, Patent

Filing a patent in Ontario or anywhere in Canada is a process that requires diligence, attention to detail, and technical skills. Before jumping into how a patent is filed, let’s review the purpose behind the patent system in Canada. One of the goals of the patent system is to fuel …

Canadian Courts Can’t Keep their Patent Promise

Erika MurrayNews, Patent

In the last few weeks the Supreme Court of Canada has released three IP and technology law related decisions, each with significant holdings. In Douez v. Facebook, Inc., 2017 SCC 33, the Court established a framework for deciding the enforceability of forum selection clauses. The analysis will no doubt also …

SCC Renders Decision Against Google

Erika MurrayNews, Patents

A Supreme Court of Canada (SCC) ruling ordering search engine giant Google to remove the web pages of a company found to be duplicating a technology firm’s products will have a global impact, says Toronto intellectual property lawyer Erika Murray. “The unprecedented decision will have implications for IP (intellectual property) holders around the world and online …

Great branding sells: American Apparel’s big IP payoff

Erika MurrayExpert Insights, News, trademarks

Entrepreneurs can learn important lessons on the value of good branding from T-shirt maker Gildan Activewear Inc.’s $88 million purchase of American Apparel, says Toronto intellectual property lawyer Erika Murray. The Montreal-based clothing company will acquire the intellectual property rights related to the American Apparel brand, but not its 110 …

International Women’s Day is all about unity

Erika MurrayExpert Insights, News, Profiles

Though the number of women in entrepreneurial roles has inched up in recent years, there’s still room for improvement — and a solid business case for doing it, says Toronto intellectual property lawyer Erika Murray. International Women’s Day — March 8 — is an ideal time to reflect on what changes need to …

Starting Your Patent Journey on the Wrong Foot: Why to be Cautious about Filing a Weak U.S. Provisional Application

Marc LampertExpert Insights, News, Patents

In the Canadian startup community, a common and perpetuated piece of advice given to entrepreneurs is to self-file their initial patent application. Often, this advice involves self-filing a United States provisional patent application. Due to the lack of formal examination of provisional applications, entrepreneurs can file these types of applications without …

Greater Possibilities: Industrial Design Practice Changes in Canada

Marc LampertExpert Insights, Industrial designs, News

Industrial design registrations can be a valuable resource for companies to protect their original designs and monetize their efforts for making beautiful products. Industrial designs can provide protection against copiers and counterfeiters because they can prevent undue copying of the visual features of shape, configuration, pattern or ornament applied to a product. As …

2017 Federal Budget – A Possible Boon for New Patentees

Marc LampertExpert Insights, News, Patents

As the Trudeau Liberal government prepares to present its first Federal budget in 2017, there are forecasts that an emphasis of the budget will be on promoting innovation.  One such forecasted proposal includes creating an incentivized patent program. Importantly for innovators, if implemented as forecasted, this program is projected to subsidize …