Edith Penty Geraets

Gowling WLG are most popular: within Compliance and Tax topic(s) with Senior Company Executives, HR and Finance and Tax Executives in Canada with readers working within the Accounting & Consultancy and Law Firm industries Double patenting (in other words, obtaining more than one patent for an invention) is prohibited in Canada and is a ground for invalidity.

Double patenting (in other words, obtaining more than one patent for an invention) is prohibited in Canada and is a ground for invalidity. The concept of double patenting can pose a significant challenge for applicants and practitioners, particularly when managing large international portfolios and attempting to align international prosecution strategies with commercial goals.

Amendments to the Canadian Patent Rules in October 2022 included the introduction of excess claim fees where there are more than 20 claims in a patent application, resulting in the need for a more strategic approach to patent prosecution before the Canadian Intellectual Property Office (CIPO) in order to reduce the number of claims in a claim set.