Smart & Biggar uncovers and maximizes intellectual property and technology assets for our clients.
Today’s fast-paced innovation economy demands a higher level of expertise and attention to detail when it comes to IP strategy and protection. With over 125 lawyers, patent agents and trademark agents collaborating across five Canadian offices, Smart & Biggar is trusted by the world’s leading innovators to find value in their IP rights.
As market leaders in IP, Smart & Biggar’s team is on the pulse when it comes to the latest developments and the wider industry changes that impact our clients. To stay informed, visit smartbiggar.ca/insights, including access to our RxIP Update (smartbiggar.ca/insights/rx-ip-updates), a monthly digest of the latest decisions and law surrounding the life sciences and pharmaceutical industries.
Canada's double patenting regime presents unique challenges for patent applicants, operating without the terminal disclaimer provisions available in the United States. This creates a complex landscape where Canadian applicants face heightened vulnerability to objections, requiring careful navigation with experienced legal guidance to successfully manage patent portfolios in this strict jurisdictional environment.
Herman H. Cheung’s articles from Smart & Biggar are most popular:
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Canada’s double patenting regime has no provision for the United States-style “terminal disclaimers”, leaving the country’s applicants among the most vulnerable in the world to objections. Senior Associate Herman Cheung discusses double patenting in Canada and strategies to navigate the complex environment in IPHQ News.
“Canada has a rather strict system compared to other jurisdictions […]. Nonetheless, it is still quite navigable in practice with the guidance of an experienced practitioner.”
The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.
