March 17, 2010

On March 11, 2010, the Canadian Intellectual Property Office (CIPO) announced that its practice notices regarding extensions of time for trade-marks and industrial designs have taken effect. The trade-marks notice (available HERE) and the industrial design notice (available HERE) ere open for consultation throughout October 2009, which, according to the CIPO announcement (available HERE), are to "provide guidance on the practice of granting an extension of time to an applicant to file a response to an Examiner's report." Both notices identify two "exceptional circumstances that could justify an additional extension of time" above the standard extension, including (i) recent changes in the Applicant and/or Agent (via assignment or new counsel, for example), and (ii) circumstances beyond the control of the person concerned, including illness, accident, death, bankruptcy, or other "serious or unforeseen circumstances."

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Mark Reichel
Reichel IP LLC

I am a patent attorney with Reichel IP LLC, where I concentrate my practice on patent drafting and prosecution, trademarks, and general intellectual property matters. I currently focus on the preparation and prosecution of medical device and other life sciences patent applications, and being actively involved in a number of local not-for-profit organizations.

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