Ian McMillan

Partner

Mississauga, 905.817.6103

Practice Group(s)

Patents
Electrical & Computer Technology
Financial Technology
Mechanical & Industrial Processes
Industrial Designs

Education

B.Sc. (Math & Eng.), Queen's University, 1990
LL.B., University of Toronto, 1993
LL.M., University of Toronto, 2001

Qualifications

Admitted to the Ontario Bar, 1995
Admitted to the British Columbia Bar, 1995
Admitted to the New York Bar, 1996
Registered Canadian Patent Agent, 1997
Registered United States Patent Agent, 1997
Registered Canadian Trademark Agent, 2005

Professional Memberships

American Bar Association (ABA)
American Intellectual Property Law Association (AIPLA)
Intellectual Property Institute of Canada (IPIC), Associate
International Association for the Protection of Intellectual Property (AIPPI)
Peel Law Association

Ian C. McMillan

B.Sc. (Math & Eng.), LL.B., LL.M.

Ian is a partner, lawyer and patent agent with 20 years of experience. Ian’s practice focuses on patent and technology law, particularly obtaining and evaluating intellectual property rights for clients in the high technology and mechanical fields, assisting clients with intellectual property and technology transactions, enforcement of intellectual property rights and avoiding infringement of third party intellectual property rights.

Ian helps clients in a wide variety of technologies including image processing software, medical and dental imaging, image compression software, data encryption software, emulator systems and software, computer-based mechanical control systems, bioinformatics, automotive, audio and acoustic technology, fuel-cells, fluid mechanics, wind turbines, LEDs, humidity controls, injection moulding, metal recycling, cosmetics, computer-implemented business methods, optometry, mass spectrometry and radar systems. Other lawyers and patent agents often refer clients to Ian when the technology at issue is highly mathematical.  However, most of his work comes from referrals from existing clients.

Ian also advises his clients on other IP issues, including copyright, trade secrets, and trademarks. Ian obtained first class honours for his Bachelor of Science in Mathematics and Engineering at Queen’s University. He was awarded two NSERC Undergraduate Research Grants: one to research exhaust gas heat dispersion and the other to research logic and discrete mathematics (graph theory).  He was also awarded several scholarships by the Faculty of Engineering and the Mathematics Department at Queen's University.

Ian is active with the Intellectual Property Institute of Canada (IPIC) and has contributed extensively to patent education in Canada. Ian has been a tutor at the annual IPIC-McGill University Patent Course. Ian also served as a tutor for several years with the IPIC Committee that provides annual patent agent training sessions.

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Ian McMillan

Ian C. McMillan

B.Sc. (Math & Eng.), LL.B., LL.M.

Partner
Mississauga      Ph: 905.817.6103

Practice Group(s)
Patents
Electrical & Computer Technology
Financial Technology
Mechanical & Industrial Processes
Industrial Designs

Education
B.Sc. (Math & Eng.), Queen's University, 1990
LL.B., University of Toronto, 1993
LL.M., University of Toronto, 2001

Qualifications

Admitted to the Ontario Bar, 1995
Admitted to the British Columbia Bar, 1995
Admitted to the New York Bar, 1996
Registered Canadian Patent Agent, 1997
Registered United States Patent Agent, 1997
Registered Canadian Trademark Agent, 2005

Ian is a partner, lawyer and patent agent with 20 years of experience. Ian’s practice focuses on patent and technology law, particularly obtaining and evaluating intellectual property rights for clients in the high technology and mechanical fields, assisting clients with intellectual property and technology transactions, enforcement of intellectual property rights and avoiding infringement of third party intellectual property rights.

Ian helps clients in a wide variety of technologies including image processing software, medical and dental imaging, image compression software, data encryption software, emulator systems and software, computer-based mechanical control systems, bioinformatics, automotive, audio and acoustic technology, fuel-cells, fluid mechanics, wind turbines, LEDs, humidity controls, injection moulding, metal recycling, cosmetics, computer-implemented business methods, optometry, mass spectrometry and radar systems. Other lawyers and patent agents often refer clients to Ian when the technology at issue is highly mathematical.  However, most of his work comes from referrals from existing clients.

Ian also advises his clients on other IP issues, including copyright, trade secrets, and trademarks. Ian obtained first class honours for his Bachelor of Science in Mathematics and Engineering at Queen’s University. He was awarded two NSERC Undergraduate Research Grants: one to research exhaust gas heat dispersion and the other to research logic and discrete mathematics (graph theory).  He was also awarded several scholarships by the Faculty of Engineering and the Mathematics Department at Queen's University.

Ian is active with the Intellectual Property Institute of Canada (IPIC) and has contributed extensively to patent education in Canada. Ian has been a tutor at the annual IPIC-McGill University Patent Course. Ian also served as a tutor for several years with the IPIC Committee that provides annual patent agent training sessions.

Articles

Go your own way: Canadian Patent Office instructs examiners to disregard Supreme Court of Canada precedent in construing claims
Ian McMillan and Cameron Gale
April 4, 2017
Download PDF
Sequenom: Patentability Implications for Computer-Implemented Technologies
Ian McMillan
July 25, 2016
Download PDF
U.S. Federal Circuit Clarifies Requirements for Direct Infringement of a Patented Method Where Not All Steps Performed
Ian McMillan and Irina  Kostko
August 25, 2015
Download PDF
The View Ahead for Software Patent Applications: USPTO Releases Update to Guidance on Patent Subject Matter Eligibility
Ian McMillan and Paul  Blizzard
August 14, 2015
Download PDF
The USPTO's New Eligibility Examination Guidelines: Navigating Patent Subject Matter Eligibility in Uncertain Times
Ian McMillan and Paul  Blizzard
August 4, 2015
Download PDF
Patenting Computer-Implemented Inventions in the Life Sciences: Challenges and Opportunities
Ian McMillan and Laurence MacPhie and Teresa MacLean
June 4, 2015
Download PDF
Bringing Mayo into Focus: why patent law should treat laws of nature as human constructs that shape how we see the world, and not pre-existing relationships in nature
Ian McMillan and Cameron Gale
March 18, 2015
Download PDF
Myriad Genetics holding that cDNA is patent-eligible subject matter is good news for those seeking or enforcing patents for computer-implemented technologies
Ian McMillan
September 17, 2013
Download PDF
Obviousness-type Double Patenting in Canada
Ian McMillan
January 17, 2013
Download PDF
U.S. Supreme Court Orders Federal Circuit to Reconsider Online Advertising Patent Decision
Ian McMillan
July 20, 2012
Download PDF
Mayo v. Prometheus: Implications for the Patent Eligibility of Computer-implemented Technologies
Ian McMillan
June 15, 2012
Download PDF

Speaking Engagements

Biodiversity Institute of Ontario

University of Guelph
Guelph, Ontario
January 14, 2016

Melanie Szweras, Ian McMillan and Laurence MacPhie are giving a talk to the Biodiversity Institute of Ontario at the University of Guelph.

Bereskin & Parr

The Intellectual Property Landscape - Breakfast Clinic
Mississauga, ON
September 30, 2015

Breakfast:                                          7:30am to 8:00am
Presentation & Workshop:              8:00am to 9:00am

Bereskin & Parr LLP

6750 Century Avenue, Suite 101

Mississauga, Ontario L5N 2V8

Key Highlights

  • What to consider in obtaining strong patent, design and trademark protection
  • How to maximize your chances of obtaining patent protection
  • What to know about the “big three” Canadian IP statutes updates:

            - Patent Act – implementing the Patent Law Treaty
            - Trademarks Act – implementing Madrid, Singapore, Nice
            - Industrial Design Act – implementing the Hague Treaty

  • How these changes might affect your business strategies and obtaining strong rights
  • What steps you should take now
  • Special Considerations for:

                - Life Sciences
                - Computer-Implemented Inventions

Sam Frost, Ian McMillan, Stephen Beney and Patricia Folkins will look at various IP rights including patents, industrial designs and trademarks that can be used to protect your valuable innovations when bringing new products and services to market.

Please email to register.

Intellectual Property Institute of Canada

IPIC Patent Agent Examination Tutorials by Webinar
Webinar - IPIC.org
February 25, 2015 - January 1, 2020

Ian McMillan will be speaking at IPIC's Tutorial Exercies and Webinar, Patent Office Practice, on Thursday, February 25, 2016 form 12:00 pm - 3:00 pm (ET).

Prepare for the Patent Agent Examiniation with IPIC's Tutorials by Webinar.

The IPIC Patent Agent Tutorials provide excellent preparation for the Patent Agent Examination. The panels of expert patent practitioners provide clear and direct instruction on how to approach the exam papers, and impart valuable advice on drafting and analyzing patents.

Event Attendance

Patent Agent Tutorials

Intellectual Property Institute of Canada
Webinar
February 27, 2017 - March 3, 2017

Ian McMillian and Adrienne Bieber McNeil will be leading tutorial webinars on preparing for the Canadian Patent Agent Exam in association with the Intellectual Property Institute of Canada.

On February 27, 2017, Ian will be discussing patent office practice and on March 3, 2017 Adrienne will be discuss drafting II.

For more information, please click here.

The 6th Annual Toronto Entrepreneurs Conference & Tradeshow

TorontoJobs.ca
Missisauga, ON
June 8, 2016

Please join Sam Frost, Ian McMillan, Stephen Beney, James Raakman, Matthew Graff, Kevin Shipley and Anna Cumaraswamy as we exhibit at the Toronto Entrepreneurs Conference & Tradeshow on June 8th.

The Toronto Entrepreneurs Conference & Tradeshow is designed to provide entrepreneurs with the opportunity to expand their professional network and learn what it takes to grow their business.

The conference will take place at the Mississauga Convention Centre.

For more information or to register for this event, please click here.

Communitech

Tech Leadership Conference 2015
Waterloo Region
May 28, 2015

Bereskin & Parr is a proud sponsor of the Tech Leadership Conference, Waterloo Region’s largest business innovation event.

Ian McMillan, Jason Hynes and Jim Hinton will be attending the event.

To learn more about Communitech and for further information about the conference, please click here.

5th Annual Toronto Entrepreneurs Conference & Tradeshow

Mississauga, ON
May 13, 2015

Bereskin & Parr will be exhibiting at the upcoming Toronto Entrepreneurs Conference on May 13th from 7:30 a.m. to 5:00 p.m. Attendees will include Sam Frost, Ian McMillan, Stephen Beney, Patricia Folkins, Mina Chana, Matthew Graff, Kevin Shipley and Anna Cumaraswamy.

The Toronto Entrepreneurs Conference & Tradeshow has been designed to provide both new and experienced entrepreneurs with the opportunity to expand their professional network, hear tips and opportunities from fellow entrepreneurs, and learn what it takes to become successful and stay thriving. This will be a great opportunity for our firm to provide owners of established businesses in various industries with information on strategies on how to handle existing IP issues within their organization.

To learn more about the event, please click here.

AIPLA

Annual Meeting
Washington, DC
October 23 - 25, 2014

Don Cameron, Robert Storey, Ken Bousfield, Ian McMillan, Noel Courage, Isi Caulder, Tony Orsi, Melanie Szweras and Paul Horbal will be attending the AIPLA Annual Meeting. 

The Annual Meeting offers attendees the opportunity to connect with others in the IP industry from around the world, and to learn about such topics as: post-grant proceedings after the AIA; 101 invalidation in view of CLS Bank, Bilski, and Prometheus; IP and Regulatory Protection in the Pharmaceutical Field in Latin America; the Unified Patent Court in the European patent litigation landscape; best practices in Trade Secret Protection; the latest in Cyber Security Law and Standards; and the Year in Review: Trademark, Copyright, Trade Secret and Patents.

AIPPI

World Intellectual Property Congress 2014
Toronto, ON
September 14 - 17, 2014

Bereskin & Parr is proud to be the 2014 lanyard sponsor of the AIPPI World Intellectual Property Congress and welcomes all congress attendees to Toronto.

Philip Mendes da Costa is the Chairperson for the AIPPI Organizing Committee and has been very involved in the overall congress organization.

Don MacOdrum, Jill Tonus, Ian McMillan, Noel Courage, David St-Martin and Kevin Shipley will be attending, and our 2014-2015 articling students, Maria Wei, Stephen Lam, Pasan Hapuarachchi, Teresa MacLean and Evan Reinblatt will be volunteers at the congress.

On Monday, September 15th from 2:00 p.m. to 5:30 p.m. Daniel Bereskin will be speaking on "Mock trial – International IP Arbitration".

The International Association for the Protection of Intellectual Property (AIPPI) is an international organization dedicated to the development and improvement of intellectual property. Further information about the event can be found here.

Toronto Entrepreneurs

Toronto Entrepreneurs Conference
Mississauga, ON
May 14, 2014

Bereskin & Parr will be exhibiting at the upcoming Toronto Entrepreneurs Conference on May 14th from 8:00 a.m. to 5:00 p.m. Attendees will include, Sam Frost, Ian McMillan, Stephen Beney, Patricia Folkins, Mina Chana, Matthew Graff and Kevin Shipley. 

The Toronto Entrepreneurs Conference & Tradeshow has been designed to provide both new and experienced entrepreneurs with the opportunity to expand their professional network, hear tips and opportunities from fellow entrepreneurs, and learn what it takes to become successful and stay thriving. This will be a great opportunity for our firm to provide owners of established businesses in various industries with information on strategies on how to handle existing IP issues within their organization.

To learn more about the conference, click here.

Ontario Centres of Excellence

Discovery
Toronto, ON
May 27 - 28, 2013

Ian McMillan, Isi Caulder, Bhupinder Randhawa, Paul Horbal, Joanna Ma and Reshika Dhir attended.

For more information please go to www.ocediscovery.com/

Professional Memberships

American Bar Association (ABA)
American Intellectual Property Law Association (AIPLA)
Intellectual Property Institute of Canada (IPIC), Associate
International Association for the Protection of Intellectual Property (AIPPI)
Peel Law Association

 

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