From freezer to frying pan
Weird weather and why you need to follow up after INTA. The first weekend of April it snowed in Ottawa, and I was "San Diego dreaming". Now at the end of May it is 'stinking hot' in Ottawa (that is…
HST fairness: tax those foreigners!
A crucial component of a functioning tax system is that it should establish a level playing field, and should not arbitrarily pick "winners and losers". I happen to believe that the tax system should rarely be used to drive policy,…
Services matter more than manufacturing if you want to improve productivity and growth
If you want to move the needle with economic development, it is services that matter the most. Manufacturing and resource extraction may be easy, but they are not the core of a first world economy. The challenge - and it…
What Happy Meals teach us about keeping IP clients happy.
Clients hate paying 'by the fry'. Why do people love the pricing of Happy Meals? Because they know what they are getting for one fixed price. When it comes to IP prosecution the same principle applies: clients love fixed prices and…
Target’s trademark miss
There were no great bargains to be had in Target's unfortunate foray into Canada. What happened to Target with trademarks is particularly illustrative of how a cross-border move can go badly. Put simply, Target came to Canada with much fanfare,…
Are Canadian patents pricey?
I was recently told by a British colleague that Canadian patents were pricey. I was stunned, and did not respond properly at all. After some reflection, I put together this little video to say now what I should have said…
Why file abroad
Can shipping "from yourself to yourself" possibly amount to "inducing infringement"? I always thought that it "took two to tango". However, a recent US Federal Circuit decision disagrees: in Promega v. LifeTech the Court held that you could induce yourself…
Setting expectations
Get everyone on the same page for foreign filings It is crucial to ensure that all stakeholders have shared expectations in advance for foreign filings. Foreign filings work if they flow smoothly, and there were shared expectations about: substantive issues…
How foreign filings can go wrong
When you file patents outside the US that correspond to the patents you are already filing in the US you can add significant value to the applicant's portfolio very cost-effectively. The applicant gains rights in large markets that may be…
PCT National Phase in Canada: month 42
Deadline month 30, extendable to month 42 The formal deadline for filing a Canadian PCT national phase is month 30. It is possible to extend this deadline to month 42 upon payment of a small additional fee of $200. (Technically,…