Revised Section 45 Summary Cancellation Practice

Effective September 14, 2009, the Trade-marks Opposition Board is adopting a new practice with respect to the granting of extensions of time in Section 45 summary cancellation proceedings.

Under the revised practice, the Registrar will grant Registrants only a single four (4) month extension of time by which to submit evidence establishing the use of the registered mark, following receipt of a Section 45 Notice.

The Registrar has furthermore indicated that it will no longer grant Registrants retroactive extensions of time to file additional evidence once a Requesting Party files Written Submissions in support of the cancellation of the Registrant’s Canadian Trade-mark Registration.

Canadian Patent Rule Update - 2009-08-24

On July 11, 2009, the Canadian Patent Office published various proposed changes to the Canadian Patent Rules. The majority of the proposed changes are minor in nature and rectify the incorrect reference to other sections in the Patent Rules and associated forms.

Of greatest significance, the Patent Office has proposed eliminating the requirement introduced in June 2007, to provide a Declaration of Entitlement to complete Canadian patent applications. If enacted, the proposed new rule will require non-inventor applicants to provide a Declaration that the applicant is the legal representative of the inventor(s).

For patent applications filed via the PCT, presently it is proposed to provide applicants with the option of providing either the current Declaration of Entitlement in accordance with Rule 4.17 of the Patent Co-operation Treaty Regulations, or a Declaration under the Canadian Patent Rules.

The proposed rule changes will not affect Section 50 of the Canada Patent Act which continues to provide that every assignment of a patent, or grant or conveyance of an exclusive right to a patented invention, shall be recorded in the modified Canadian practice.