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ÉditeurLexisNexis
Date de parutionMai 2024
ISBN9780433532590
Nombre de pages978
FormatPapier
Reliurerigide
Code de produit

347.801.24

Canadian Patent Law, 5th Edition


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366,00 $


●Majoration des titres de LexisNexis●

Canadian Patent Law, 5th Edition is a comprehensive treatise on patents, written by and for patent prosecutors, rather than patent litigators or legal academics. It covers the most fundamental legal and practical issues that Canadian patent lawyers and patent agents are likely to face in everyday practice before the courts and the Canadian Intellectual Property Office (CIPO).

The fifth edition explores legislative and judicial developments in patent law and practice since the fourth edition published in 2021. It also includes drawings and flowcharts to explain complex issues such as novelty grace periods, patent filing procedures, and prosecution with CIPO.

What’s New In This Edition

  • A detailed review of regulatory changes that came into force in October 2022, including:
    • The introduction of extra claims fees during prosecution
    • Mandatory requests for continued examination once a third office action issues during prosecution or once a second office action issues after a request for continued examination has been made
    • The previous withdrawal from allowance procedure that has been replaced with an option to continue prosecution after allowance by voluntarily requesting continued examination
    • Where “minor defects” are identified in an otherwise allowable patent application, a patent examiner may now issue a conditional notice of allowance requiring submission of corrective amendments or arguments in addition to payment of the final fee
  • Examination of key cases, including:
    • The most recent pronouncement of the Supreme Court of Canada in Nova Chemicals Corp. v. Dow Chemical Co. ([2022] S.C.J. No. 43), where bargain theory was applied to the disgorgement remedy
    • The Federal Court of Appeal decision in Canada (Attorney General) v. Benjamin Moore & Co. (2023 FCA 168)
    • The unnecessarily limited scope of statutory privilege as interpreted by the Federal Court in Janssen Inc. v. Sandoz Canada Inc. (2021 FC 1265)
  • Discussion of the College of Patent Agents and Trademark Agents, including:
    • Governance, competency, licensure, investigation and discipline of agents, mandatory errors and omissions insurance and unauthorized practice
    • The respective roles of the College and the Intellectual Property Institute of Canada (IPIC)

Who Should Read This Book

  • Patent & IP Practitioners – Provides invaluable insight and guidance for patent lawyers who require a “patent prosecutor’s perspective” in handling their case files
  • In-house Lawyers – Gives guidance on IP management and strategy, ideal for corporate counsel dealing with technology, pharma, biosciences and manufacturing
  • Patent Agents – Provides useful instructions for patent agents who handle patent prosecution work
  • Chief Technology Officers & Senior Engineers – Gives a useful overview of key patent and IP principles for those who oversee IP inventions as part of their job duties
  • Law Libraries – A necessary addition to any collection of reference materials dealing with patent law in Canada
  • Law Schools and Students – A resource in patent law courses

Authors

Stephen J. Perry, B.Sc.EE, P.Eng. is President of Perry + Currier Inc., an IAM and IP Stars ranked firm and leading Canadian intellectual property practice which he co-founded with Andrew Currier. Stephen started in the field of IP in 1983 and qualified as a patent agent in 1985. His practice is focused on developing and managing international IP portfolios for Canadian technology companies of every size, covering a broad range of innovations in the fields of telecommunications, electronics, software, display technology, medical imaging and medical devices. Stephen chairs or serves on various committees and industry groups including those of the Intellectual Property Institute of Canada (IPIC), Canada’s pre-eminent association of professionals who specialize in intellectual property.

Stephen also serves on Council of the Canadian section of Fédération Internationale des Conseils en Propriété Industrielle (FICPI). A prolific author and speaker, Stephen has published an extensive series of articles on patent and industrial design issues, and contributes to Patent and Industrial Design content for Practical Guidance (LexisNexis Canada). He is also the co-author with Andrew Currier of Canadian Patent Law. (LexisNexis Canada). He lectures frequently on software patents and industrial design issues and travels regularly to international conferences and seminars.

Andrew Currier, B.Sc.EE, P.Eng., LL.B. is co-founder and CEO of PCK Intellectual Property. He is a recognized leader in the field of intellectual property with expertise spanning industry, law, and academia. In industry, Andrew served as General Counsel for a publicly-traded flat-panel display company and as IP counsel for a Silicon Valley start-up. His engineering background in the automotive industry further complements this diverse skill set. Prior to co-founding PCK, Andrew practiced with three of Canada’s national firms and served as an Adjunct Professor teaching patent law at the Faculty of Laws of Western University in London, Ontario, and the University of Windsor.

Currently, Andrew serves on the Board of Directors of The College of Patent and Trademark Agents / Collège des Agents de Brevets et des Agents de Marques de Commerce (CPATA/CABAMC), where he plays an important role in bringing the perspective of practitioners to Canada’s public interest regulator of patent and trademark agents. His achievements in the field are underlined by his co-authorship of this textbook, a reference work cited by the Supreme Court of Canada.