Canada: Patent

Ontario’s innovation economy continues to mature, yet there is a persistent and material gap in how businesses approach intellectual property (IP). Only a small minority of Canadian companies adopt a formal IP strategy, and even fewer actively secure their intangible assets through patents, trademarks and other IP registrations. According to the Government of Canada’s own evaluation of its National IP Strategy, just 8% of small firms hold a formal IP strategy, compared with 42% of large organizations.

The Federal Court in Kobold Corporation v NCS Multistage Inc. addressed whether a defendant could amend its pleadings to strengthen a prior use defence after losing a summary judgment motion on that same defence. The decision clarifies the scope of the 'best foot forward' principle and distinguishes between summary judgment motions and summary trials in patent litigation.

Scammers are increasingly using the names of legitimate intellectual property lawyers to target trademark and patent owners with fraudulent communications demanding immediate payment. Learn how to recognize these sophisticated scams and protect yourself from falling victim to these deceptive tactics that exploit publicly available information and create false urgency.

This AI Insights Quick Read series examines a growing risk for innovation-driven businesses: how routine generative AI use can weaken confidentiality, compromise legal review, and erode the value of intellectual property.

The Canadian Intellectual Property Office has opened a public consultation on two critical patent matters: expedited examination programs and the patent grace period. CIPO seeks stakeholder feedback on whether current accelerated examination options meet client needs and is exploring potential new programs, while also gathering insights on experiences with pre-filing disclosures to inform international harmonization discussions.

This AI Insights Quick Read series examines a growing risk for innovation-driven businesses: how routine generative AI use can weaken confidentiality, compromise legal review...

In ProSlide Technology Inc. v. WhiteWater West Industries, Ltd., 2026 FCA 59, a unanimous Federal Court of Appeal partially allowed ProSlide's appeal and dismissed WhiteWater's cross-appeal.

Canada's electric vehicle (EV) market is at a turning point. Prime Minister Mark Carney's new strategic partnership with China reverses the previous 100% tariff on Chinese-made EVs...

Life sciences has transformed and the patent landscape is transforming with it. Platform technologies, from connectivity standards embedded in smart medical devices...