
Patents & Industrial Designs
- Overview
- Who To Contact
- Recent Developments
When it comes to securing IP rights, we are vigorous and strategic advocates. We assist clients in acquiring the appropriate IP rights to support their business mandates.
The patent agents of Aird & McBurney hold Ph.D., M.Sc. or B.Eng. degrees in their fields of expertise. This technical depth allows us to offer unparalleled service in the preparation, prosecution and maintenance of patent and industrial design applications over a wide range of technologies and industries, including:
- Aerospace and Aeronautics
- Bioinformatics
- Chemistry
- “Clean” or “Green” Innovation (such as renewable energy, biofuels, solar power, wind power and water purification)
- Diagnostics
- E-Commerce Software
- Genetics
- Immunology
- Manufacturing and Consumer Products
- Medical and Agricultural Biotechnologies
- Medical Devices
- Mining
- Munitions
- Oil and Gas
- Pharmaceuticals
- Scientific Instrumentation
- Wireless Communications
We provide patentability, freedom to operate, infringement and validity opinions, in designing to avoid patent infringement. We have extensive experience in developing and managing strategic international IP portfolios while keeping up with the latest technical advances and the rapidly changing global IP climate.
Contacts
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BioFull bio
Lola is a registered patent agent in Canada and the Unites States, with a PhD in clinical biochemistry from the University of Toronto.
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Kimberly thrives on the challenge of figuring out how best to claim, strengthen and protect her clients’ inventions in order to create a strateg...
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Tony represents clients in a variety of high-technology industries, and has extensive patent prosecution experience in the fields of software, hardwar...
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BioFull bio
With an extensive science background and industry experience at a multinational pharmaceutical company, Kitt has established himself as a leading pate...
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BioFull bio
Erica’s aptitude for grasping the technicalities of emerging innovations helps her draft strong patent applications for her clients, strategical...
Group Members
Recent Developments
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Article
Federal Court of Appeal Rejects Test for Software-Based Inventions in Canada
To help avoid an application being rejected as non-statutory, applicants may consider including in their patent applications claim elements that, along with algorithm or method steps, impart physicali... -
Article
Canadian Patent Fees Are Increasing in 2024: Consider Paying Fees in Advance
On January 1, 2024, standard fees that are payable to the Canadian Intellectual Property Office (CIPO) for patent applications and patents will increase by at least 25 percent. -
Article
Canadian Industrial Design Fees Are Increasing in 2024: Consider Paying Fees in Advance
On January 1, 2024, fees that are payable to the Canadian Intellectual Property Office (CIPO) for industrial design applications and registrations will increase by at least 25 percent. -
Firm News
Aird & Berlis | Aird & McBurney Recognized in 2023 Edition of IAM Patent 1000
Aird & Berlis and Aird & McBurney are proud to be recognized in the Canada section of the 12th edition of the IAM Patent 1000: The World’s Leading Patent Professionals. The IAM Patent 1000 identifies ... -
Article
Direction From the Court on the Role of Expert Witnesses in Patent Cases
The Federal Court of Appeal recently provided insight on the appropriate procedures for managing the relationship between expert witnesses and legal counsel. -
Article
Canada Is Introducing Patent Term Adjustment: Here’s What We Know
For now, the proposed amendments are solely to the Patent Act and require a series of amendments to the Patent Rules which will codify many of the particulars of the new Patent Term Adjustment regime. -
Firm News
Tim Lowman Recognized in IAM Strategy 300 Global Leaders 2023
Aird & Berlis is pleased to announce that Tim Lowman, head of the firm's Intellectual Property Group, is recognized in IAM Strategy 300 Global Leaders 2023. This guide features some of the foremost ex... -
TheSpotlight
Federal Court Denies Equitable Relief for Failure to Diligently Prosecute a Patent
The Federal Court recently found that patentees may be denied equitable remedies in a patent infringement action if they fail to diligently prosecute their patents. In certain circumstances, the failu... -
TheSpotlight
The Date for Assessing Disclosure Sufficiency – Is This an Open Issue?
Recently, the Federal Court of Appeal released its decision in Pharmascience Inc. v. Bristol-Myers Squibb Canada Co., 2022 FCA 142. The decision touches on various issues, but I want to focus on one: ... -
TheSpotlight
Federal Court Holds That Design and Promotional Activities for FLNG Facility Did Not Infringe Canadian Patent
The Canadian Federal Court’s recent decision in Steelhead LNG (ASLNG) Ltd. v. ARC Resources Ltd., 2022 FC 998 held that mere design and promotional activities for a floating liquefied natural gas faci... -
Firm News
Aird & Berlis | Aird & McBurney Recognized in 2022 edition of the IAM Patent 1000
Aird & Berlis and Aird & McBurney are proud to be recognized in the Canada section of the 2022 edition of the IAM Patent 1000: The World’s Leading Patent Professionals, a guide that identifies the top... -
TheSpotlight
Federal Court Adopts New Framework for Assessing Subject-Matter Eligibility and Directs CIPO To Use it
In Benjamin Moore, the Federal Court has provided a clear legal framework with little room for misinterpretation. It is unlikely that a new practice notice will be issued while the decision is still c... -
TheSpotlight
Amendments to Canadian Patent Rules Coming Into Force October 3, 2022
On October 3, 2022, amendments to the Canadian Patent Rules will come into force, introducing changes to patent prosecution in Canada. The most significant of these changes are excess claims fees and ... -
TheSpotlight
Whose Liability Is It Anyway? The Court Clarifies the Burden in Summary Trials and Infers Inducement
In Janssen Inc. v. Pharmascience Inc., 2022 FC 62, the Federal Court highlighted two important issues: the burden in summary trial proceedings and the evidentiary burden for proving inducement of pate... -
TheSpotlight
The Markman and the Grandfather: Federal Court Determines Claim Construction by Partial Summary Judgment and Interprets the Prior Use Defence
In Kobold Corporation v. NCS Multistage Inc., 2021 FC 1437, the Federal Court addressed two often pondered questions in Canadian patent law: can the court decide the construction of a patent’s claims ... -
TheSpotlight
Excess Claims Fees to Be Introduced Into Canada’s Patent Regime
The Canadian patent regime has always been unique and flexible. However, many of these unique aspects are disappearing in order to bring Canada’s patent regime into procedural harmony with the practic...