2022−2023 Annual Report
Foster innovation and competitiveness through leadership and education

CIPO plays a pivotal role in supporting innovation and competitiveness in Canada by promoting awareness, knowledge and use of IP. Our extensive data holdings and research products support businesses in their decision-making, inform policy development and drive follow-on innovation. We also provide leadership in advancing Canada's IP interests and improving the IP system both domestically and internationally through ongoing collaboration with our many partners and stakeholders.

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Increase IP awareness, knowledge and the effective use of IP by Canadians

In 2022–2023, CIPO continued to deliver IP awareness and education services mainly through digital and virtual approaches, with a mandate to help Canadian businesses, entrepreneurs, creators, innovators and underrepresented groups, such as women and Indigenous peoples, make informed decisions about IP and recognize its importance to business growth. CIPO has successfully pivoted towards more digital IP awareness and education tools and resources and is focused on increasing IP outreach through existing partnerships and collaborations, and continued development of the IP Village.

CIPO took steps to enhance its IP awareness and education presentations by introducing more information on common IP questions that businesses face, and practical insights for protecting IP. We also launched a web optimization initiative to enhance the accessibility and ease of finding tools on the CIPO website. In addition, we continued to add to our suite of digital tools, which now include a new e-learning module on IP commercialization. These resources were designed to assist Canadian businesses and entrepreneurs in unlocking the value of their IP by using it strategically when growing to scale.

This year, CIPO delivered a number of webinars to the general public, empowering individuals and organizations with the knowledge and tools to navigate the complex world of IP. The IP awareness and education team hosted and participated in over 250 webinars, training sessions and events, attracting an audience of more than 3,500 participants from across Canada. The webinars covered a wide range of topics, including the basics of IP, IP strategies and commercialization, and how to apply for IP abroad.

The inaugural season of Canadian IP Voices, a podcast series where experts and IP lawyers explore real-life scenarios of IP at work, was positively received. Twenty episodes were released in both English and French on a range of topics including data and AI, open source software, counterfeit products, IP in the academic sector and plant breeders' rights. The second season, launched in October 2022, features topics such as the difference between a corporate name and a trademark, the role of incubators in supporting innovators, the FIFA World Cup, and more.

To celebrate World IP Day 2022, CIPO partnered with the Rideau Hall Foundation to offer a webinar that explored this year's theme—IP and Youth: Innovating for a Better Future. CIPO also published 3 IP success stories highlighting the work of young entrepreneurs at Omy Laboratories, Clean Valley CIC and Roll Up, who have been supported through Futurpreneur, a not-for-profit organization, and are making a difference through their innovative work.

CIPO extended the reach of its IP awareness and education program through virtual means. This has enhanced our ability to serve our extensive regional and national networks of partners and collaborators, and businesses, including underrepresented groups. Presentations and training sessions were provided to national partners such as the National Research Council of Canada's Industrial Research Assistance Program, Global Affairs Canada's (GAC) Trade Commissioner Service and CanExport program, and various ISED programs. In addition, MOUs were renewed with Corporations Canada and the Department of National Defence's Innovation for Defence Excellence and Security. These continued partnerships will help ensure that CIPO's IP awareness and education efforts reach their targeted audience.

To help Canadian small and medium-sized enterprises (SMEs) understand how to use IP more effectively, leading IP organizations in the country have come together to establish the IP Village, a working group where thought leadership, practical intelligence, best practices and questions and answers are shared. The IP Village is a joint effort between CIPO, the Business Development Bank of Canada, GAC's Trade Commissioner Service, the Intellectual Property Institute of Canada, the National Research Council of Canada's Industrial Research Assistance Program, Export Development Canada and ISED. After the successful delivery of IP Talks, a webinar series that covers the typical lifecycle of IP, the IP Village launched a LinkedIn account to share trusted IP tools and resources with followers on a regular basis. Moreover, the IP Village launched IP Insights, a 4-part panel series that delved into IP topics of particular pertinence to companies that specialize in commercializing data, clean technologies, medical technologies and consumer products. Expert panelists with backgrounds in legal, regulatory, industry and funding, shared lessons learned, highlighted key challenges to entering the industry, discussed unwritten rules and provided tips to avoid common mistakes.

CIPO remains steadfast in its commitment to support underrepresented groups such as women, Black and Indigenous entrepreneurs, and to foster inclusivity and diversity within the entrepreneurial community. This year saw CIPO's active participation in an Indigenous IP roundtable organized by the Canadian Council for Aboriginal Business. The roundtable brought together Indigenous entrepreneurs and IP experts to discuss Indigenous innovation and the importance of IP in protecting traditional knowledge and cultural expressions. CIPO also collaborated with ISED's Indigenous Employee Network to deliver presentations on "Engaging with Indigenous Peoples" to partners including ISED and Parks Canada. CIPO's IP advisors were vital in supporting ISED's Indigenous IP Program, providing guidance to several entrepreneurs who had applied for a grant. Presentations were also made virtually to the Africa Centre, a council dedicated to the advancement of African Canadians in Alberta, as well as to the Innovation Information Forum: Black Business Edition and the Black Business Association of British Columbia. Our IP advisors also met with more than 120 women entrepreneurs across the country and delivered presentations to regional partners such as Alberta Women Entrepreneurs, TechAlliance and the Newfoundland and Labrador Organization of Women Entrepreneurs.

CIPO's in-person presence at conferences and events resumed gradually this year. Our IP advisors participated in events including: Inventures in Calgary, AB; AgSmart in Olds, AB; Atlantic Venture Forum in Halifax, NS; Energy Disruptors: UNITE in Calgary, AB; Stratégies PME in Montréal, QC; CASI ASTRO 2022 in Montréal, QC; West Coast Business Forum in Vancouver, BC; WeaveSphere in Toronto, ON; and Propulsion Québec in Montréal, QC. Presentations and training were also delivered to various regional organizations, such as Startup Montréal, Invest Ottawa, l'École des entrepreneurs du Québec, TechAlliance, Edmonton Chamber of Commerce, Calgary Economic Development, and NorthLight Innovation, as well as multiple universities across the country. Further, IP advisors met virtually with over 550 entrepreneurs and innovators to provide tailored IP resources and answer their IP-related questions.

Provide leadership to improve the IP system in Canada and globally

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Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) and Konstantinos Georgaras, Chief Executive Officer of CIPO, signing Canada’s first ever memorandum of understanding with the USPTO.

CIPO is a signatory to more than 20 MOUs with other countries and organizations that promote cooperation and improve the functionality of the international IP system. Over the past year, CIPO renewed MOUs with France's Institut national de la propriété industrielle (INPI) and the Mexican Institute of Industrial Property, and signed new MOUs with the IP offices of the United States of America, Chile and Korea.

In February 2022, the bilateral Patent Prosecution Highway (PPH) pilot program between CIPO and INPI was initiated, allowing clients to accelerate the examination of their patent applications in the partner country. In April 2022, to promote the 3 bilateral PPH agreements that INPI signed with Canada, Brazil and the United States, INPI organized a webinar titled "Nouveaux accords PPH : Accélérer sa délivrance de brevet." CIPO's participation in the webinar sought to promote the use of the PPH, a filing option that provides greater convenience for Canadian clients seeking patent protection in France.

The Asia-Pacific Economic Cooperation (APEC) is the premier forum dedicated to advancing economic growth, cooperation, trade and investment in the Asia-Pacific region. One of the key entities under the APEC umbrella is the APEC IP Rights Experts Group (IPEG), which coordinates and conducts work related to IP rights. CIPO leads Canada's participation in the IPEG and works closely with other IP offices in the region to promote dialogue and cooperation on IP-related issues. In 2022–2023, CIPO participated in an APEC–IPEG project titled "Women and Patents in the APEC Region: Current Situation, Performance and Challenges" through a survey and virtual workshop. The project's objective is to understand the relationship between women and patents in the region and to promote policies that support women in utilizing patents to foster gender equality and economic growth.

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Konstantinos Georgaras, Chief Executive Officer of CIPO, and Dr. LEE Insil, Commissioner of the Korean Intellectual Property Office, signed a memorandum of understanding between CIPO and the Korean Intellectual Property Office.

The G7 Heads of IP Office Conversation is a forum for leaders of IP offices in G7 countries to discuss issues of mutual concern related to IP. In December 2022, CIPO participated virtually in the Conversation, which was hosted by the German Patent and Trade Mark Office and attended by representatives from Canada, France, Italy, Japan, the United Kingdom and the United States, as well as the Director General of WIPO. The Conversation focused on 2 main topics: establishing a positive culture of IP and fighting counterfeiting and piracy. Following the event, a joint statement was released, emphasizing the importance of addressing these issues through coordinated international efforts, multilateral approaches and IP education and awareness.

The Vancouver Group (VG) is a collaborative initiative between the IP offices of Canada, Australia and the United Kingdom. By fostering regular engagement among VG members, our offices can share information and experiences on common issues related to managing medium-sized national IP offices, as well as identify potential areas for cooperation. In July 2022, heads of offices convened for an in-person meeting to discuss recent office developments and assess collaboration efforts. At the operational level, VG offices held numerous meetings and discussions on topics of shared interest, such as hybrid work, conflict of interest and improving the IP office. Additionally, VG's economic and analytics experts actively engaged in roundtable discussions on research and data developments. The research teams continuously exchange ideas and explore areas of common interest to better understand the business drivers of IP engagement.

Established in 2018, the VG Searching Working Group (VGSWG) aims to improve the quality and efficiency of services provided by our respective offices and strengthen the IP system through international collaboration and information-sharing on search tools and practices, quality and training. To accomplish this, the VGSWG identified 5 project streams for cooperation, including search tools and databases, search collaboration workshops and a comparison of manuals of search practice, search quality and search training. In 2022–2023, the VGSWG successfully concluded these projects and continued to share information and best practices on several topics, including the handling of private inventor cases, Cooperative Patent Classification implementation, training and quality assessments, citations of non-patent and Asian literature in examiner reports, and post-pandemic work arrangements.

In July 2022, CIPO participated in the WIPO Sixty-Third Series of Meetings of the Assemblies of Member States (GA) held in Geneva, Switzerland. This year's GA marked the resumption of in-person meetings with our international counterparts after a 2-year pause due to COVID-19 travel restrictions. During the GA, CIPO played an active role in advancing discussions on: emerging economic and innovation trends in the post-pandemic era; best practices for IP office operations in a post-pandemic world; efforts to better understand artificial intelligence-related issues; and the importance of equity, diversity, inclusion and accessibility within IP offices.

For over 35 years, WIPO has served as the hub of discussions on patent law harmonization. In 2005, WIPO established Group B+ to promote and facilitate progress of substantive patent law harmonization and in 2014, a sub-group was created to further advance work on select topics. Since then, private-industry groups and professional IP associations have drafted, in parallel, various position papers on patent law harmonization. In summer 2022, as a member of Group B+, CIPO conducted a public consultation with Canadian stakeholders to gather their perspectives on harmonization proposals advanced by private-industry groups and IP associations, notably on the harmonization of the grace period, prior user rights and the approach to conflicting applications.

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Canadian delegation at the WIPO Sixty-Third Series of Meetings of the Assemblies of Member States in Geneva. From left to right: Patrick Blanar, Director, Copyright and Trademark Policy Directorate, ISED; Scott Vasudev, Director, Patent Policy and International Affairs, CIPO; Christine Piché, Director General, Corporate Strategies and Services Branch, CIPO; Konstantinos Georgaras, Chief Executive Officer, CIPO.

The WIPO Committee on Development and Intellectual Property (CDIP) was established in 2007 to ensure that IP rights and systems contribute to development in countries around the world, especially those with limited resources or capabilities to develop their own IP frameworks. In 2022–2023, CIPO participated in the 28th and 29th sessions of the CDIP along with Global Affairs Canada, and was invited to speak and contribute to a discussion on the methodology for the evaluation of the Development Agenda (DA) Project on Tools for Successful DA Project Proposals.

The 25th CIPO–WIPO Annual Executive Workshop on the Application of IP Management Techniques was held in May 2022. This virtual 2-week workshop provided senior officials from Ethiopia, Ghana, Lebanon, Malawi, Mexico and Saint Lucia a unique opportunity to improve their knowledge and skills in management techniques, share experiences and ideas, and gain first-hand experience of CIPO's IP expertise, products and services. The workshop also featured a research component. Following the workshop, participants had 10 weeks to apply their newfound knowledge to specific concerns in their respective IP offices and complete a research project of their choice.

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Vancouver Group Heads of Office meeting in Geneva. From left to right: Konstantinos Georgaras, Chief Executive Officer, CIPO; Tim Moss, Chief Executive Officer, UKIPO; Michael Schwager, Director General, IP Australia.

In November 2022, CIPO attended the 46th Session of the Administrative Council of the African Regional Intellectual Property Organization (ARIPO), which was held in the Republic of Mozambique. Additionally, in December 2022, CIPO participated virtually in the 62nd session of the Administrative Council of the African Intellectual Property Organization (OAPI) held in Cameroon. Through our bilateral MOU with the OAPI and in our capacity as a bilingual IP office, CIPO was also invited to provide educational training to SMEs in OAPI member states. To that effect, CIPO conducted 2 webinars in May and October 2022 on the strategic use and commercialization of IP, helping to strengthen our relationships with OAPI member states. By offering technical assistance to senior officials from developing countries, promoting capacity development and fostering good governance practices, CIPO upholds its obligations under the Trade-Related Aspects of Intellectual Property Rights Agreement.

The International Trademark Association (INTA) is a global association of brand owners and professionals dedicated to supporting trademarks and IP. Over the years, CIPO has formed an active and well-regarded relationship with INTA, formalized by an MOU signed in 2018. CIPO is a strong contributor to INTA's IP Office of the Future Think Tank, which offers a thought-provoking and holistic reflection on what an IP office (IPO) might look like over the next 10 to 20 years. In November 2020, the "The IPO of the Future" report was published, followed by the release of "The IPO of the Future Checklist" in November 2022. The Checklist distills the original recommendations into a concise format to facilitate discussion and practical application.

The International Patent Classification (IPC) system is a standardized classification system for patents recognized by WIPO. The IPC groups patents according to the technical fields and subject matter they relate to, and is used to facilitate patent searching and retrieval, and to promote the exchange of technical information. In collaboration with the European Patent Office, INPI and the Swiss Federal Institute of Intellectual Property, CIPO is leading the revision of the IPC classification schedules, as well as translating into French and verifying translations of the revised schedules. In recognition of CIPO's dedication and efforts as a rapporteur and translator of IPC revision and maintenance projects, WIPO gave CIPO the considerable honour of being the vice-chair for 2 IPC working group meetings.

CIPO also participated in the Women in IP meeting organized by the USPTO in March 2023. This 3-day global exchange, which coincided with the United Nation's International Women's Day, focused on developing strategies to overcome gender disparity and support women in the IP system. Backed by over 35 IP offices and organizations, he USPTO published a joint statement noting the importance of diversity in innovation and creativity, and the incredible value that women bring to economic progress worldwide. During a panel discussion on staff exchanges, representatives from CIPO and the Namibia IP office discussed a CIPO-led mentorship initiative that promotes peer-to- peer exchanges by matching CIPO executives with their counterparts from developing countries to establish and implement a project of their choice in their home country. On the subject of demographic data collection, CIPO shared best practices in collecting demographic data through surveys and in-house data analytics, and emphasized the importance of fostering a healthy and inclusive work environment. CIPO also presented on the success of the Canadian Patent Law and Examination Workshop, a 7-day workshop where guest examiners from other IPOs visit CIPO to learn the particularities of Canadian patent law and examination practices.

Strengthen Canada's IP framework

To enhance communication and cooperation with Canadian IP stakeholders, CIPO and representatives from the Intellectual Property Institute of Canada collaborate through 3 committees: the Patent Practice Committee, the Trademark Practice Committee and the Industrial Design Practice Committee. These committees convene a few times a year to identify and address issues relating to IP practices and services by identifying solutions and implementing innovative policy approaches that support the delivery of quality IP rights. Last year, key topics discussed included CIPO's trademark recovery plan, court decisions affecting patent and trademark law, changes to examination guidelines, and initiatives to enhance IP awareness and education.

In 2022–2023, CIPO made changes to the Patent Rules to meet Canada's international obligations under the Patent Cooperation Treaty (PCT) and the Canada-United States-Mexico Agreement (CUSMA). On July 1, 2022, amendments came into force to ensure compliance with the sequence listing requirements of the WIPO Standard 26 (ST.26), providing uniformity in sequence listings presented in patent applications and clarifying sequence disclosures. The new ST.26 uses an improved data structure in XML format, enabling automation and data validation for IP offices, and improving sequence disclosures for researchers and searchability of future patent applications. On , further amendments took effect to streamline the patent examination process. These amendments will enable CIPO to process patent applications in a more efficient and timely manner as set out in CUSMA, with a view to avoiding unreasonable or unnecessary delays that could lead to patent term adjustments.

The Budget Implementation Act, 2018, No.2 (Bill C-86) amended the Trademarks Act by introducing new provisions which, when in force, will give to the Registrar of Trademarks the authority to award costs, grant confidentiality orders and practice case management in proceedings before the Trademarks Opposition Board. These new provisions will also create a simple and efficient mechanism for the removal of public notice of official marks in specific circumstances. These changes seek to modernize and improve the efficiency of IP dispute resolution. CIPO conducted online consultations to canvass opinions from stakeholders who would be impacted by the amendments to the Trademarks Regulations. Stakeholder feedback was generally supportive of the proposed changes to the Trademarks Regulations and of the new proposed practice notices.

This fiscal year, CIPO and Agriculture and Agri-Food Canada extended their MOU on the respective roles and responsibilities in the administration of the geographical indication (GI) system for wines, spirits and agricultural products and food. The MOU, which has been extended another 5 years until June 2027, supports the administration of an expanded system for the protection of GIs following Canada's implementation of the Canada-European Union Comprehensive Economic and Trade Agreement in September 2017.

Foster innovation through data and research

IP data and research play a crucial role in innovation, helping businesses and innovators monitor market trends, identify new opportunities and make informed decisions about the development and commercialization of new products and services.

CIPO is dedicated to advancing research to inform decision-making across the IP ecosystem. CIPO's Data & Research Agenda serves as a comprehensive 5-year plan that outlines the objectives, strategies and timelines for CIPO's data and research activities. In addition to being a valuable management tool, the Agenda addresses the pressing questions of policy makers on IP and innovation topics, and provides transparency about the current and future work of CIPO. The Agenda is regularly updated with new data and research projects.

In March 2023, CIPO published its IP Canada Report 2021, providing a comprehensive overview of IP activity in Canada and abroad by Canadians. It included key IP trends in patents, trademarks, industrial designs and plant breeders' rights. The Report also included special research sections on awareness and use of IP among Canadian firms, and on the growth in standard essential patent inventions. It highlighted resilience in IP filing activity in Canada in spite of the challenges posed by the COVID-19 pandemic, with growth in patents, trademarks and industrial designs.

IP Horizons is an online platform that provides bulk access to publicly available IP information based on patent, trademark and industrial design applications filed with CIPO. In 2022–2023, the IP Horizons platform was improved to provide patent image data in multi-paged TIFF format, including cover pages, patent descriptions, claims and drawings, among other elements. In parallel, CIPO updated its client feedback survey to gather evidence-based insights on client IP data needs and preferences, informing future product development.

In April 2022, WIPO published a new open-access book titled "Global Challenges for Innovation in Mining Industries," to which CIPO contributed a chapter on innovation in the Canadian mining sector. It was a collaborative effort between CIPO and the Centre for International Governance Innovation, that provides a lens into the patenting efforts in the Canadian mining sector, including: trends, landscape maps and collaborations. Notably, it highlights the importance of IP protection in promoting innovation and competitiveness. CIPO also contributed a chapter to the WIPO eBook "Resilience and Ingenuity: Global Innovation Responses to Covid-19," launched in July 2022. The book sheds light on how the pandemic reshaped the innovation landscape of major economies and how scientists, entrepreneurs and creative professionals responded to the crisis. CIPO's contributions included a description of trademark trends in Canada during the pandemic's first year, using a natural language processing technique that analyses the words used in applications. This cutting-edge technique provided valuable insights into the factors that bolstered CIPO's trademark filings during the first year of the pandemic.